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S 5153

Prohibits the use of DNA phenotyping in criminal prosecutions and proceedings

2025 Regular Session Introduced by Jabari Brisport and 2 co-sponsors

NY S 5153 bans DNA phenotyping in all criminal prosecutions and proceedings, stopping generation, reliance, or admission of DNA-based phenotypic predictions for investigations or prosecutions.

REFERRED TO CODES
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Bill Summary · S 5153

Summary of Bill S 5153 — Prohibits the use of DNA phenotyping in criminal prosecutions and proceedings

Overview

S 5153 is a New York State Senate bill that would prohibit the use of DNA phenotyping in criminal prosecutions and proceedings. DNA phenotyping refers to the inference of physical appearance, traits, or biogeographic ancestry from DNA data, typically used to generate investigative leads or aid identification. The bill is currently in the Senate’s Codes Committee, having been introduced on February 19, 2025, and referred to Codes (listed twice in the official actions).

What the bill would do

  • Prohibit the use of DNA phenotyping in all criminal prosecutions and proceedings within the state.
  • Impose a ban on generating, relying on, or admitting phenotypic predictions derived from DNA for purposes related to investigating, identifying, or prosecuting individuals.
  • (Text not provided here) Details on enforcement, penalties, and any exemptions or exceptions are not specified in the available summary.

Who/what would be affected

  • Law enforcement agencies (police, sheriff, state investigators) and prosecutors who might otherwise use DNA phenotyping tools.
  • Judicial and court processes that could have admitted phenotyping results as part of evidence or investigative steps.
  • Forensic laboratories and service providers that perform DNA phenotyping analyses.
  • Defendants and individuals involved in criminal proceedings, who would be protected from reliance on phenotypic inferences in prosecutions.

Key provisions and changes (as indicated by title)

  • Absolute prohibition on DNA phenotyping in criminal prosecutions and proceedings.
  • The bill signals a policy shift toward restricting predictive genetic analyses used to infer appearance or ancestry for investigative purposes.

Procedural status and timeline

  • Status: Referred to Codes (Senate Codes Committee), indicating early-stage consideration.
  • Introduced: February 19, 2025.
  • There is no publicly available text in the summary detailing effective dates, enforcement mechanisms, penalties, or any phased implementation.

Sponsors and related legislation

  • Primary sponsor: Michael Gianaris
  • Cosponsors: Jabari Brisport, Luis R. Sepúlveda
  • Related/companion and prior-session bills include:
    • S 8341 (prior-session)
    • S 226 (prior-session)
    • A 1537 (companion) listed twice
  • Related bills suggest ongoing interest in restricting or guiding the use of DNA phenotyping across sessions and in both chambers (Senate and Assembly).

Potential impacts and considerations

  • Positive privacy and civil liberties implications by limiting investigatory tools that infer sensitive traits from DNA.
  • Could reduce potential biases or misidentification risks associated with phenotyping.
  • May limit the toolbox available to law enforcement in cases lacking traditional leads.
  • Without the full text, it is unclear how the bill would intersect with existing discovery rules, admissibility standards, or any transitional provisions for agencies currently using phenotyping tools.

Next steps for readers

  • Monitor for further action from the Codes Committee and any floor votes.
  • Review the full bill text and any fiscal notes or impact statements when available to understand penalties, enforcement, and any exceptions.
  • Compare with related bills (S 8341, S 226, A 1537) to see converging or diverging policy approaches.

Compiled from official sources — confirm details with the bill’s official record.

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