The additional DNA profiles may be obtained as a condition of release on parole or probation, as a condition of participation in the Department of Correctional Services' temporary release programs, and as a condition of a plea bargain.
"DNA is the fingerprint of the 21st Century, but more than half of the individuals who are convicted of felony offenses in the state are still not required to provide a DNA sample for inclusion in the DNA Databank," Governor Pataki said. "And less than one-third of all criminal offenses are designated for the mandatory collection of DNA.
"Experience has shown that criminals convicted of lower or mid-level crimes have committed, or will commit, more serious and violent crimes. And while the state Senate has been a great partner in supporting the expansion of a database that would go a long way towards more fully employing this proven, powerful crime-fighting tool that has helped to convict the guilty, exonerate the innocent, discourage recidivism and help bring justice to victims and their families, the Assembly leadership has refused to allow the bill to come up for a vote, despite overwhelming bi-partisan support.
The governor directed his staff and criminal justice agencies to determine whether the state could take any additional steps within the bounds of current law to add additional DNA profiles of convicted criminals to the DNA Databank as a result of the inaction of the state Assembly Leadership on his proposal to expand the New York state DNA Database to include all convicted criminals. This action follows his call last month for the state's criminal justice and mental health agencies to take every step possible under the current law to keep dangerous sexual offenders off the streets and away from children.
"Like with our civil confinement legislation, I simply could not wait any longer for the Assembly Leadership to vote on this common-sense proposal. They have given me no choice. We need this, and a host of other critical, crime fighting bills to be introduced for a vote to protect New Yorkers and their families. This is not about politics, but public safety."
Also, on November 28, 2005, the U.S. Court of Appeals for the Second Circuit issued an opinion upholding the constitutionality of New York state's DNA Databank.
New York state Director of Criminal Justice Chauncey G. Parker said, "For years, Governor Pataki has proposed common sense DNA legislation that will allow New York state to fully harness the power of DNA technology. Unfortunately, just like many of our other critical criminal justice initiatives -- civil commitment, enhancing Megan's Law, illegal gun trafficking -- this legislation has received overwhelming support from the New York state Senate but has not been brought to the floor for a vote by the Assembly leadership. We know that every time we expand the New York state DNA Databank we save lives, exonerate the innocent, and give crime victims the justice they deserve."
The state first established a DNA Identification Index ("DNA Databank") in 1996. Initially, the DNA Databank included DNA identification profiles for approximately 20 crimes. Due to the governor's efforts, the Legislature expanded the Databank in 1999 to require the collection of DNA profiles of all persons convicted of violent felony offenses. In 2004, the Legislature, again at the urging of the governor, expanded the Databank to require the collection of DNA profiles from persons convicted of a felony or misdemeanor under the Sex Offender Registry Act, crimes of terrorism, felony hate crimes, and other specified felonies. In total, there are about 153,000 profiles currently in the Databank. On November 28, 2005, the U.S. Court of Appeals for the Second Circuit issued an opinion upholding the constitutionality of New York state's DNA Databank.
Since April 2000, there have been 2,209 "hits" linking offenders to 3,473 crimes -- crimes that may well not have been solved without the use of forensic DNA technology and the DNA Databank. More than 1,600 of these hits were as a result of the 1999 and 2004 expansions of the DNA Databank. The amendments made to the law in July 2004 resulted in 112 additional hits linking offenders to previously unsolved cases, including 76 rape cases and 13 homicides.
