A Local Law to amend the administrative code of the city of New York, in relation to prohibiting the police department from collecting DNA from a minor without consent from a parent, legal guardian or attorney

This local law, Proposed Int. No. 125-A, significantly amends the New York City administrative code to enhance protections for minors regarding DNA collection by the police department. It mandates written consent from a parent, legal guardian, or attorney before a DNA sample can be collected from a minor during a criminal investigation. The bill explicitly prohibits the collection of DNA samples from items a minor receives while in police custody or during an interaction with a law enforcement officer, directly addressing the practice of collecting "abandoned" samples in such scenarios. Furthermore, it requires attorney consent if the minor's parent or legal guardian has a potential conflict of interest, such as being an alleged victim, a suspect in the same offense, or having interests contrary to the minor's legal interests. Exceptions remain for DNA samples collected from minors who are alleged victims of a criminal offense, or those obtained via a search warrant or other court order. The NYPD states there is no anticipated fiscal impact, and the law will take effect 90 days after becoming law (Fiscal Year 2026).

This legislation provides stronger safeguards for minors against non-consensual DNA collection by law enforcement, particularly preventing deceptive practices like collecting "abandoned" samples while in custody. It ensures that minors have legal representation in situations where parental interests may conflict, aiming to protect their rights and privacy during police investigations.

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