New York Assembly Bill A00627 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 627--A 2025-2026 Regular Sessions  IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. JACKSON, SIMON, DAVILA -- read once and referred to the Committee on Governmental Operations -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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-y 2 to read as follows: 3 § 837-y. 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 and/or 6 pick up a discarded sample prior to the lawful arrest of such minor 7 without first obtaining the written consent of such minor's parent, 8 legal guardian or attorney, except: 9 (a) Where the DNA sample is abandoned at the scene of an alleged crim- 10 inal offense and is not collected from the minor's person; or 11 (b) Where the DNA sample is collected from a minor who is alleged to 12 be the victim of a criminal offense. 13 2. Subdivision one of this section shall not be construed to prohibit 14 any lawful method of collecting a DNA sample from a minor pursuant to a 15 search warrant, other court order or provision of law that authorizes 16 the search of a minor for the purpose of collecting a DNA sample. 17 3. As used in this section, the following terms shall have the follow- 18 ing meanings: 19 (a) "DNA sample" means any amount of blood, saliva, hair or other 20 bodily material from which deoxyribonucleic acid can be extracted. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00976-03-5 
 A. 627--A 2 1 (b) "Law enforcement officer" means any public servant who is author- 2 ized to conduct an investigation, prosecute or make an arrest for a 3 criminal offense. 4 (c) "Minor" means a natural person under the age of eighteen. 5 § 2. This act shall take effect on the ninetieth day after it shall 6 have become a law.