In light of last week’s Appellate Division decision in the case of Matter of Stevens v New York State Division of Criminal Justice Services, State Senator Phil Boyle (R - Bay Shore)
today announced he has reintroduced legislation (S9089) to allow law enforcement officials to
use familial DNA searches to solve violent crimes. Senator Boyle had previously introduced
similar legislation which passed the state senate in 2017 but did not pass in the New York State Assembly.
"With crime rates on the rise and countless New Yorkers living in fear, it is unimaginable
that the court would ban the use of Familial DNA testing by our state's law enforcement officials. I am calling on the legislative Majorities in both the state senate and assembly to immediately pass my bill and ensure that such Familial DNA searches can continue to be used to help solve serious crimes and keep New Yorkers safer."
Having worked on federal and state DNA-related legislation since 1988, Senator Boyle
has been a leading advocate for advancing the use of forensic DNA technologies to assist New York State law enforcement officials. After the sexual assault and murder of Karina Vetrano, Boyle partnered with Karina's parents, as well as Senator Joe Addabbo and Assemblymember Stacey Pheffer Amato, to push for the approval of Familial DNA searches in New York State.
The New York State Commission on Forensic Science and it's DNA Subcommittee subsequently "approved" the use of such searches but yesterday's court ruling provides that only the state legislature, and not the Commission, has the ability to allow Familial DNA searches in New York State.
"Once the Commission on Forensic Science made its decision in 2017, we had hoped this
issue was settled and New York law enforcement officials and prosecutors could use Familial
DNA searches to solve serious crimes and get violent criminals off our streets. It is now rather
clear that the state legislature must act. With the end of session only weeks away, we must do so now!"
“This ruling affects our ability to use DNA obtained at crime scenes to help solve cases
and give our victims the justice they deserve. We want to be able to utilize every avenue possible to help our victims and eliminating this very important step can hinder us in solving cases,” said Suffolk County District Attorney Raymond A. Tierney. “We used this very same method as step to help recently solve the 42-year-old cold case murder of Eve Wilkowitz in Suffolk County. We can’t use this step now and must comply with the law while we wait for a legislative fix and it will affect our ability to close cases and bring closure to families. I thank Senator Boyle for advocating for the advancement of utilizing familial DNA technology and introducing this bill.”