Administering Entity
Office of Forensic Services, Division of Criminal Justice Services, in coordination with the New York State Police
Recent / Pending Legislation
SB1034 (2025, pending) – 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, pending) – 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, pending) – Establishes guidelines and policies for law enforcement agencies conducting familial DNA searches in the state.
NY State Senate Bill S7558 (2026, pending) – 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, pending) – relates to the protection of consumer genetic data in financial distress.
NY State Senate Bill S5153 (2026, pending): Prohibits law enforcement agencies from contracting for or using DNA phenotyping services to predict a person’s physical characteristics or ancestry.
Court opinion allowing familial searching – https://www.courthousenews.com/new-yorks-high-court-greenlights-using-convicted-criminals-dna-to-find-family-members/. Concerning 2017 regulation granting authority for familial searching.
SB5806 (2025/6, pending) – 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
- https://www.governor.ny.gov/news/governor-hochul-unveils-highlights-fiscal-year-2027-executive-budget-stronger-safer-more
- “$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
Pending
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.