Does New York Collect Your DNA If You Get Arrested?

Does New York State collect your DNA if you get arrested? I saw an article that said Kentucky's House has passed a bill that would require a DNA sample be collected during the booking process. The law would apply specifically to people arrested for a felony in the state.

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Here in New York State, there are laws in place for DNA collection. DNA identification is very helpful in solving crimes, especially cold crimes. Forensic DNA technology continues to advance significantly.

In New York State, if you get arrested for certain crimes, your DNA will be collected. While some may see it as a violation of privacy, in 2012, the Supreme Court ruled,

"The Court held that conducting a DNA swab test as a part of the arrest procedure does not violate the Fourth Amendment because the test serves a legitimate state interest and is not so invasive so as to require a warrant. The routine administrative procedures that occur during a booking for an arrest do not require the same justification and the search of a location."

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According to NYCourts.gov, "any defendant convicted of a misdemeanor or felony must give a DNA sample to be added to the New York State DNA Databank." All sex offenders must provide a DNA sample. The DNA law does not apply to young people in Family Court cases and Youthful Offenders.

***Article not intended to provide legal advice or counsel

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