New York Senate Bill S06971 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 6971 2023-2024 Regular Sessions  IN SENATE May 16, 2023 ___________ Introduced by Sen. CLEARE -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the executive law, in relation to requiring consent of a minor's parent, legal guardian or attorney for law enforcement collection of DNA from certain minors The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The executive law is amended by adding a new section 837-x 2 to read as follows: 3 § 837-x. Collection of DNA from certain minors. 1. No member of a 4 police department, county sheriff's office, the state police or other 5 law enforcement officer shall collect a DNA sample from a minor prior to 6 the lawful arrest of such minor without first obtaining the written 7 consent of such minor's parent, legal guardian or attorney, except: 8 (a) Where the DNA sample is abandoned at the scene of an alleged crim- 9 inal offense and is not collected from the minor's person; or 10 (b) Where the DNA sample is collected from a minor who is alleged to 11 be the victim of a criminal offense. 12 2. Subdivision one of this section shall not be construed to prohibit 13 any lawful method of collecting a DNA sample from a minor pursuant to a 14 search warrant, other court order or provision of law that authorizes 15 the search of a minor for the purpose of collecting a DNA sample. 16 3. As used in this section, the following terms shall have the follow- 17 ing meanings: 18 (a) "DNA sample" means any amount of blood, saliva, hair or other 19 bodily material from which deoxyribonucleic acid can be extracted. 20 (b) "Law enforcement officer" means any public servant who is author- 21 ized to conduct an investigation, prosecute or make an arrest for a 22 criminal offense. 23 (c) "Minor" means a natural person under the age of eighteen. 24 § 2. This act shall take effect on the ninetieth day after it shall 25 have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07131-01-3