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N.Y. Exec. Law § 995-d

Confidentiality

Applied in 4 court decisions — leading case 54 Misc. 3d 825 - People v. Murray (2016)

Most recently applied in People v. Campa (April 2022)

2014-09-22

How often courts cite this section

20152020202220
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

§ 995-d. Confidentiality. 1. All records, findings, reports, and\nresults of DNA testing performed on any person shall be confidential and\nmay not be disclosed or redisclosed without the consent of the subject\nof such DNA testing. Such records, findings, reports and results shall\nnot be released to insurance companies, employers or potential\nemployers, health providers, employment screening or personnel\ncompanies, agencies, or services, private investigation services, and\nmay not be disclosed in response to a subpoena or other compulsory legal\nprocess or warrant, or upon request or order of any agency, authority,\ndivision, office, corporation, partnership, or any other private or\npublic entity or person, except that nothing contained herein shall\nprohibit disclosure in response to a subpoena issued on behalf of the\nsubject of such DNA record or on behalf of a party in a civil proceeding\nwhere the subject of such DNA record has put such record in issue.\n 2. Notwithstanding the provisions of subdivision one of this section,\nrecords, findings, reports, and results of DNA testing, other than a DNA\nrecord maintained in the state DNA identification index, may be\ndisclosed in a criminal proceeding to the court, the prosecution, and\nthe defense pursuant to a written request on a form prescribed by the\ncommissioner of the division of criminal justice services.\nNotwithstanding the provisions of subdivision one of this section, a DNA\nrecord maintained in the state DNA identification index may be disclosed\npursuant to section nine hundred ninety-five-c of this article.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.