New York

Recent / Pending Legislation

SB1034 (2025, died) – Relates to the establishment of a single computerized state DNA identification index and requires municipalities to expunge any DNA record stored in a municipal DNA identification index

NY State Senate Bill S9799 (2026, died) – Prohibits the use of a victim’s DNA collected from sexual offense evidence kits from being added to the state DNA identification index.

NY State Senate Bill S1909 (2026, died) – Establishes guidelines and policies for law enforcement agencies conducting familial DNA searches in the state.

NY State Senate Bill S7558 (2026, died) – Regulates the circumstances and procedures under which law enforcement may collect DNA abandoned by individuals (such as on discarded beverage containers) at crime scenes.

NY State Assembly Bill A7550 (2026, died) – relates to the protection of consumer genetic data in financial distress.

NY State Senate Bill S5153 (2026, died): Prohibits law enforcement agencies from contracting for or using DNA phenotyping services to predict a person’s physical characteristics or ancestry.

SB5806 (2025/6, died) – responding directly to court opinion above – Would prohibit NY Commission on Forensic Science from performing familial DNA searches of the state DNA identification index.

Enhanced Budget Items

• Governor Hochul unveils 2027 budget, funding for upgrades to forensic laboratories -“$6.7 million to support upgrades to forensic laboratories across the state to solve crimes more efficiently”

Arrestees: None.

Convicted Offenders: Yes.

Qualifying Crimes: Felonies and misdemeanors — excluding prostitution convictions, and cases where a court determines the person’s participation resulted from being a victim of sex trafficking. Convicted offenders pursuant to a plea agreement, as a condition of the DOCS Temporary Release Program, the DOCS CASAT Program, the DOCS Shock Incarceration Program, release on parole, post release supervision, presumptive release, conditional release, or as a condition of probation or interim probation supervision.

Time of Collection: Collected at sentencing.

Expungement: On written notice that the conviction was reversed, vacated, or pardoned.

Statutes / Case Law

NY Exec. Law § 995. Definitions

§ 995–C. State DNA Identification Index

9 NY ADC 5.143 Directing the Commissioner of the Division of Criminal Justice Services to Expand the State DNA Identification Index to Include DNA Identification Profiles Obtained From Additional Convicted Offenders

Samy F. v. Fabrizio, 176 A.D.3d 44 (N.Y. Sup. Ct., App. Div. 1D 2019). (Trial court had authority to consider whether expungement of minor defendant’s DNA records from state DNA index system (SDIS) was warranted when DNA was collected during investigatory phase of crime that resulted in a youthful offender determination for defendant; Executive Law provided discretionary authority to court with respect to DNA material collected during investigatory, preconviction phase of criminal proceeding, and defendant would otherwise have had no means to seek discretionary expungement. State Executive Law applies to testing, analyzing and retaining DNA data by city medical examiner’s office, despite statutory language referencing “state” DNA identification index).

Matter of John R., No. D-07679/19, 130 N.Y.S. 3d 911, 914-15 (N.Y. Fam. Ct. Aug. 26, 2020) (extending holding of Samy F. to youth who is adjudicated a juvenile delinquent and giving the family court the discretion to expunge his or her DNA profiles from the OCME database).

People v. Halle, 55 N.Y.S.3d 634 (Sup. Ct., Kings Cnty. 2017) (“[O]nly upon a criminal conviction and People v. Halle, 55 N.Y.S.3d 634 (Sup. Ct., Kings Cnty. 2017) (“[O]nly upon a criminal conviction and sentence is an individual required to provide DNA which, when uploaded to SDIS and CODIS, is then available for general comparison to crime scene evidence in unrelated cases”).

People v. Blank, 82 N.Y.S.3d 872 (Sup. Ct. Bronx Cnty. 2018); People v. K.M., 41 N.Y.S.3d 875 (Sup. Ct. Bronx Cnty. 2016) (Defendant, who was awaiting trial on charges for criminal possession of a weapon in the second degree and related counts, was entitled to protective order against local uploading of his DNA, and thus saliva sample from defendant would only be used for comparison purposes with respect to DNA profile previously generated from swab of pistol recovered pursuant to search warrant and would not be added to state or local databases pending conviction and sentencing).

People v. White, 76 N.Y.S.3d 800 (Sup. Ct., Bronx Cnty. 2018) (“Read together, the original statute and the amended version indicate an intention by the Legislature to authorize the inclusion of DNA records in the state DNA database only after conviction of a designated offense, see § 995–c[1], [2], [3], [6] and 995–d, but placed no such restriction on what DNA records could be included in local databases”).

Gallo v. Pataki, 831 N.Y.S.2d 896 (Sup. Ct. Kings Cnty. 2007) (“Executive Law section 995–c(3) sets forth one class of people subject to testing, but does not forbid other groups from being tested. Accordingly, requiring DNA testing as a condition of parole does not violate the DNA Database law”).

People v. Washington, 37 N.Y.S. 3d 867 (Supr. Ct. Queens Cnty. 2016) (Defendant’s statutory obligation to provide a DNA sample after conviction of specified crimes is a collateral consequence of a guilty plea and, therefore, a court need not advise a defendant before he pleads guilty to said crime.)

Leslie v. City of New York (2026) – – challenge to local suspect database in NYC.

Legislative History

• A.12252 (1994) → L. 1994, ch. 737, Assembly passage July 2, 1994 (145-0), Senate July 3, 1994 (55-0) on a three-day message, approved by the Governor August 2, 1994 as Approval #75. Senate companion S.8897. Added Executive Law Article 49-B, “Commission on Forensic Science and Establishment of DNA Identification Index,” creating a 14-member Commission on Forensic Science chaired by the DCJS Commissioner with the Health Commissioner ex officio, a seven-member DNA Subcommittee holding sole authority to grant, deny, review, or modify DNA forensic laboratory accreditation through binding recommendations, and the State DNA Identification Index within DCJS. Defined “designated offender” at § 995(7) as a person convicted of and sentenced for enumerated felonies — assault (§§ 120.05, 120.10, 120.11), homicide (§§ 125.15–125.27), sex offenses (§§ 130.25, 130.30, 130.35, 130.40, 130.45, 130.50, 130.65, 130.67, 130.70), escape and related offenses where the offender had a qualifying conviction within the previous five years, and incest (§ 255.25). Established confidentiality at § 995-d, applicability at § 995-e, and penalties at § 995-f making unauthorized disclosure or use a class A misdemeanor punishable by a fine up to $10,000. Section 2 added CPL § 440.30(1-a), authorizing post-conviction forensic DNA testing motions for convictions occurring before January 1, 1996. The act took effect immediately except § 995-c, which took effect January 1, 1996 and applied to designated offenders convicted on or after that date, with no laboratory required to be accredited before January 1, 1996 or fully accredited before July 1, 1997.
• A.9037-A (1999) → L. 1999, ch. 560, signed October 18, 1999; Senate companion S.6145 substituted. Amended Exec. Law §§ 995, 995-b, 995-c, 995-d and 995-f and CPL §§ 450.10 and 450.20. Rewrote the designated-offender list at § 995(7), revised the operation of the State DNA Identification Index, and made knowing tampering with a DNA sample or collection container a class E felony.
• S.6325 (2000) → L. 2000, ch. 8, signed March 6, 2000; identical to A.9241. Amended Exec. Law § 995 and § 9 of ch. 560 of 1999. Identified which larcenies count as designated offenses — thefts from the person of another — amended § 995(7)(b) as to criminal possession of a controlled substance in the first degree, and authorized appeals of certain motions in limited cases.
• A.11723-A (2004) → L. 2004, ch. 1, pt. A, § 13, signed July 23, 2004; Senate companion S.7685 substituted. The Anti-Terrorism Preparedness Act of 2004, a public-safety omnibus that established the State Office of Homeland Security and the statewide wireless network. Part A, § 13 amended the designated-offender list at Exec. Law § 995(7)(a).
• S.7659 (2004) → L. 2004, ch. 138, signed July 6, 2004; Assembly companion A.11721 substituted. Amended Exec. Law § 995 and CPL § 440.30. Made all offenders required to register under the Sex Offender Registration Act, plus persons convicted of various other felonies or attempts, designated offenders for DNA submission, and authorized a court to give a defendant information on the location of specified evidence.
• S.7360-B (2004) → L. 2004, ch. 175, signed July 20, 2004; Assembly companion A.11549-A substituted. Amended Exec. Law § 835 to include the Onondaga County Center for Forensic Sciences Laboratory in the definition of “qualified agencies,” giving the lab access to criminal records, personal appearance data, latent print comparisons, photographs, and handwriting samples in a forensic laboratory setting.
• S.7686 (2004) → L. 2004, ch. 576, signed October 5, 2004; Assembly companion A.11764 substituted. A cleanup bill for ch. 138, making technical corrections to the designated-offender provisions and adding aggravated harassment of an employee by an inmate and unlawful wearing of a body vest as DNA-qualifying crimes.
• S.8446 (2006) → L. 2006, ch. 2, signed June 23, 2006; Assembly companion A.11951-A substituted. Amended Exec. Law § 995 to provide for DNA testing in felony cases and in certain misdemeanors — the first major move away from the enumerated-offense model.
• S.6934 (2006) → L. 2006, ch. 91, § 2, signed June 7, 2006; same as A.10193. Amended Correction Law § 168-a and Exec. Law § 995, making compelling prostitution a sex offense and thereby triggering both registration and the DNA sample requirement.
• S.6277-B (2006) → L. 2006, ch. 320, § 26, signed July 26, 2006; Assembly companion A.9305 substituted. Restructured the crime of incest into first, second, and third degrees across the Penal Law, CPL, Correction Law, and other titles. Section 26 conformed the designated-offender list at Exec. Law § 995(7)(a) to the new offense structure.
• S.6987-A (2010) → L. 2010, ch. 405, § 6, signed August 13, 2010; Assembly companion A.10161-A substituted. Added Penal Law Article 121, creating criminal obstruction of breathing or blood circulation and strangulation in the first and second degrees. Section 6 amended Exec. Law § 995 so the new offenses are DNA-qualifying.
• S.6733 (2012) → L. 2012, ch. 19, §§ 5–6, signed March 19, 2012; same as A.9555. New York’s all-crimes DNA law. Amended CPL §§ 240.40, 440.10 and 440.30 and Exec. Law §§ 995 and 995-c, expanding both the categories of offenders required to submit DNA and the availability of post-conviction DNA testing and discovery.
• S.6255-D (2012) → L. 2012, ch. 55, pt. A, signed March 30, 2012; Assembly companion A.9055 substituted. The Public Protection and General Government budget bill. Part A amended § 9 of ch. 19 of 2012, striking “October” and substituting “August 1, 2012,” accelerating the all-crimes DNA effective date by two months.

No program or law identified, except for NYPD Using ANDE Rapid DNA for reference samples only (NYC Office of Chief Medical Examiner). This was approved by the DNA Subcommittee.

No specific program or law found, but some laboratory materials and subcommittee on IGG.

Forensic Biology Administrative Manual – February 5, 2026 – Investigative Genetic Genealogy Testing

The NY State Commission on Forensic Science and its DNA Subcommittee has rules on IGG.

No program or law identified.

NYPD received a FY2022 SAKI grant ($1.5M) for LODNA collection from offenders/arrestees not yet in CODIS. SAKI grantee table

No program or law identified.