Bill > S05153

This bill prohibits the use of DNA phenotyping in criminal investigations and legal proceedings, defining DNA phenotyping as the process of predicting an individual's physical characteristics, ancestry, or familial connections through DNA analysis. The bill specifically prevents law enforcement agencies from contracting DNA phenotyping services, and prohibits any evidence or products resulting from such analysis from being used as reasonable cause for arrest or as admissible evidence in criminal prosecutions. The legislation mandates that any convictions obtained through DNA phenotyping can be challenged under section 440.10 of the criminal procedure law, and allows courts to issue injunctions to prevent or remedy violations, including ordering the destruction of DNA phenotyping products and mandating changes in police department policies. Upon becoming law, the bill requires immediate destruction of any existing physical biometric information obtained through DNA phenotyping that is currently in law enforcement possession, with the act taking effect thirty days after its enactment.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/S5153