New York State DNA Evidence Legislation Proposed

Governor Eliot Spitzer and Lieutenant Governor David Paterson today announced that they will submit landmark legislation allowing New York State to use DNA evidence to its fullest potential. The bill would expand the state's DNA databank, improve the methods for collection and preservation of that evidence, and greatly enhance the ability of defendants to use DNA evidence to prove their innocence.

"Identification of criminals through DNA comparison is decisive, reliable, and even-handed," said Spitzer. "This legislation will help us bring the guilty to justice, and exonerate those who have been wrongly accused."

"This legislation will insure that the very best investigative tools and technology are available to the administrators of justice in our state," said Lieutenant Governor David Paterson. "Victims of crimes and those wrongly convicted of crimes will greatly benefit from these new provisions."

DNA evidence is generally regarded as the most effective method of identifying criminals. Yet, under current law, the state only collects DNA samples from about half of the defendants convicted of crimes. This severely limits available criminal evidence, and leads to difficulty solving serious crimes.

The new legislation mandates the collection of DNA from every person convicted of a crime, as well as individuals on probation, on parole supervision, or registered as sex offenders. In addition, the bill extends the statute of limitations for crimes in which law enforcement has recovered the perpetrator's DNA, but has not yet been able to match it to a known individual.

Expanding the DNA databank and providing more time to find DNA matches will result in more perpetrators being identified, prosecuted, and convicted -- greatly increasing public safety, particularly in high-crime areas.

Notably, the bill includes several provisions that will both reduce the number of innocent New Yorkers who are convicted of crimes, and enhance the ability of those who are convicted to prove their innocence. In particular:

• defendants who can make a proper showing of need will have the right to apply for DNA testing before trial, or after trial if necessary;
• when there is new evidence that may exonerate a defendant, the prosecutor will be required to bring it to the attention of the court, and the court will be required to reach a prompt resolution of the issues; and
• there will be a new office charged with the responsibility of studying cases in which defendants have been exonerated, and trying to identify the weaknesses in the system that allowed that to happen, so that reforms can be implemented in those areas. 

The bill also includes several provisions to streamline procedures relating to DNA evidence by:

• establishing best practices for the collection and preservation of DNA evidence; and
• requiring defendants to bring all their post-conviction challenges in one motion at the same time, while simultaneously preserving an exception permitting additional post-conviction challenges based upon newly discovered evidence of innocence.

Finally, the bill expands the opportunity for innocent defendants who are exonerated to seek compensation from the state.