Bill > A05198

This bill requires individuals arrested for specific felonies to submit a DNA sample to law enforcement, expanding the existing DNA collection system. The bill defines a "felony arrestee" as someone arrested for a wide range of serious offenses, including various types of assault, stalking, homicide, sex offenses, kidnapping, burglary, arson, grand larceny, robbery, and weapons-related crimes. Under the new provisions, felony arrestees must provide a DNA sample upon arrest, unless they have previously submitted one to the state DNA identification index. If an arrestee refuses to provide a sample, law enforcement can seek a court order to collect it. The bill also establishes procedures for reviewing and potentially expunging DNA records, such as when charges are dismissed, a pre-prosecution diversion program is completed, or a conditional discharge is granted. Additionally, the bill makes technical amendments to various sections of criminal procedure law to align with the new DNA collection requirements. The changes aim to enhance law enforcement's ability to solve crimes by expanding the state's DNA database, while also providing safeguards for individuals whose charges are resolved without a conviction.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/A5198