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PUBLIC TESTIMONY
Testimony by Lisa Freeman, Attorney from Legal Aid Society, on DNA Collection from Minors
4:28:56
ยท
150 sec
Lisa Freeman from the Legal Aid Society testifies about Intro 125, which concerns the collection of DNA from minors without parental consent. She supports the bill but suggests amendments, emphasizing the unlawfulness of including juveniles in DNA databases and the inability of children to consent to DNA collection.
- Freeman argues that the concept of "abandoned DNA" is false and unlawful.
- She highlights that children charged as juvenile delinquents cannot be included in the state DNA index.
- Freeman suggests that an attorney, rather than parents, should be provided to represent a child's interests in DNA collection matters.
Lisa Freeman
4:28:56
Good afternoon.
4:28:58
Thank you so much, chair Salaam, for your patience with this hearing.
4:29:02
I am only going to be, specifically testifying about INT.
4:29:07
Oh, I don't have my camera on.
4:29:08
I see.
4:29:09
Apologies.
4:29:10
Here we go.
4:29:11
There we go.
4:29:12
I'm only gonna be testifying about INT one twenty five today.
4:29:17
Other folks from the Legal Aid Society have spoken about the gang database.
4:29:20
I am the head of our juvenile rights practice special litigation and law reform unit.
4:29:26
The issue of the taking of minor's DNA without parental consent is an incredibly important issue.
4:29:33
As you may know, the Legal Aid Society has sued to stop the NYPD's unlawful DNA index, which includes DNA taken surreptitiously from adults as well as children.
4:29:44
The whole concept that anybody can abandon their DNA is, I think, completely a false concept and and one that's in fact unlawful.
4:29:53
But we vigorously support council member Ayatl's bill, but believe there are several necessary amendments.
4:30:00
First, I just wanna mention that children who are charged as juvenile delinquents can never be included in the lawful state DNA index because they statutorily cannot be convicted of a crime.
4:30:13
So anyone who's not convicted cannot be in the state DNA index.
4:30:19
So the whole concept that NYPD has, its own index that includes people who are not convicted is unlawful and completely problematic, but they certainly should not be including children.
4:30:32
One of the you know, under New York State law, the law enforcement has to obtain a warrant order or a court order before getting a DNA sample from anybody unless the person consents.
4:30:43
But the idea that that a child can consent to the taking of their DNA, that they can understand what that means and and the long term consequences of that action are, is is a completely flawed notion.
Alden Foster
4:30:59
Problem Time's expired.
Lisa Freeman
4:31:01
Can I can I just finish one sentence, please?
4:31:04
Our problem I will be submitting written testimony, but our problem with regard to 01/25 is that we don't believe that parents are in a position to consent for their children because all too often, they're not able to look out for their child's best interest and instead we think an attorney should be provided to the child if in fact they're going to not get a court order for that child's CNA.
4:31:25
Thank you very much.