New York Senate Bill S01909

New York 2025-2026 Regular Session

• Introduced: 1/14/25
• Refer: 1/14/25
• Refer: 1/7/26

Caption

Establishes the New York state familial search policy; relates to the release of certain information for familial DNA searches where a written agreement governing the use and dissemination of such DNA records exists.

Summary

S01909 would direct New York’s DNA subcommittee to develop nonbinding recommendations for a statewide familial DNA search policy. The policy would be required to examine the accuracy of familial DNA searches, recommend parameters for their use, set procedures for when they should and should not be used, and estimate the fiscal impact of implementing such searches in New York. The subcommittee would also be authorized to conduct studies, hold hearings, and report its findings and any legislative recommendations to the governor and legislature by December 1, 2025. The bill also amends the rules governing release of DNA records to allow disclosure to federal, state, and local law enforcement agencies, including district attorneys’ offices, for familial DNA searching purposes when there is a written agreement governing use and dissemination of the records. Under the bill, familial DNA searches could be used in investigations of violent felony offenses only when no single-source crime-scene DNA match exists and all other leads have been exhausted. The commission, working with the DNA subcommittee, would be responsible for creating the statewide policy to implement these searches.

Impact

The bill would amend the executive law provisions governing the state DNA databank and the DNA subcommittee’s duties, adding a formal framework for familial DNA searching in New York. It would expand the circumstances under which DNA records may be shared for investigative purposes, but only under written agreements and only for qualifying violent felony investigations after other leads have been exhausted. The measure would not itself create a fully detailed operational regime, but it would require the state to develop policy guidance and could affect how law enforcement agencies, prosecutors, and the Division of Criminal Justice Services handle DNA database information and investigative requests.

Sentiment

No committee transcript or vote record is provided, so there is no direct evidence of support or opposition from legislative debate. Based on the bill text, the measure appears framed as a cautious, procedural expansion of investigative tools rather than an unrestricted authorization, suggesting an intent to balance law enforcement utility with oversight and limits. The inclusion of a study-and-report requirement and nonbinding recommendations also indicates an incremental approach that may be designed to reduce controversy.

Contention

The main points of contention are likely to center on privacy, civil liberties, and the risk of misuse of genetic information versus the potential value of solving violent crimes. Supporters would likely emphasize that familial DNA searches are limited to violent felony investigations, require exhaustion of other leads, and depend on written agreements governing dissemination. Opponents may question the accuracy of familial searching, the possibility of implicating relatives who are not suspects, and whether the policy sufficiently protects against overbroad use or data sharing. The bill’s requirement for the DNA subcommittee to evaluate accuracy and fiscal implications suggests these concerns are anticipated.