Bill > A04755

This bill requires individuals arrested for specific felony sex offenses involving victims under 13 years old to provide a DNA sample upon arrest, unless they have previously submitted a sample to the state DNA identification index. The bill defines a "felony arrestee" as someone charged with certain sex offenses listed in the penal law where the victim is under 13. If an arrestee refuses to provide a DNA sample, a public servant can seek a court order to collect it. The legislation also establishes procedures for reviewing and potentially expunging DNA profiles from the index, ensuring that samples are removed in cases of dismissal, successful diversion programs, or acquittals. Public servants are required to seek court orders for sample collection if an individual refuses, and the bill includes provisions to protect against invalidating arrests or detentions based on DNA records collected in good faith. The commissioner of criminal justice services must create rules for periodically reviewing the DNA index to determine if any profiles should be removed. The bill aims to expand DNA collection for serious sex offenses involving child victims while also providing safeguards for individuals whose cases are resolved without conviction.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/A4755