Requires the written consent of a minor's parent, legal guardian or attorney for law enforcement collection of DNA from a minor and/or pick up of a discarded sample of a minor prior to the lawful arrest of such minor.
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.
