Cuomo Signs Law to Expand New York's DNA Databank

"Law and Order: SVU" Star Mariska Hargitay

Hargitay: "Expanding the DNA Database is a Victory for Crime Victims...."

Governor Andrew M. Cuomo joined by Senate Majority Leader Dean Skelos, and Assembly Speaker Sheldon Silver today signed into law a historic bill that makes New York State the first "all crimes DNA" state in the nation, by requiring DNA samples be collected from anyone convicted of a felony or Penal Law misdemeanor.

In addition, the new law also significantly expands defendants' access to DNA testing and comparison both before and after conviction in appropriate circumstances, as well as to discovery after conviction where innocence is claimed. 

Governor Cuomo introduced the DNA Databank expansion legislation as a centerpiece of his 2012 legislative agenda. 

"I am proud to sign this bill today because this modern law enforcement tool will not only help us solve and prevent crimes but also exonerate the innocent," said Governor Andrew Cuomo.

"The bottom line is that this is a tool that works, and will make the state safer for all New Yorkers. I thank Majority Leader Skelos, Speaker Silver, Senators Saland and Golden, and Assemblyman Lentol for their leadership on this issue."

"Nothing is more important than ensuring the safety and security of our citizens. Today we are culminating our efforts to enact an all-crimes DNA databank expansion,” said Senate Majority Leader Dean G. Skelos .

“Senate Republicans championed the creation of the DNA databank 18 years ago, and we successfully pushed to expand it four times, including legislation I sponsored in 2006 to include all felonies and 17 misdemeanors. With Governor Cuomo’s leadership, we are expanding it to include all crimes and enacting an historic criminal justice measure."

Assembly Speaker Sheldon Silver noted, "I am proud to be part of this agreement which positions New York as a leader once again. New York is the first state to enact an all crimes DNA database. When a person is wrongly convicted, the real perpetrator remains free to potentially commit other crimes while an innocent person is unjustly punished. Furthermore, victims are given a false sense of security that the actual perpetrator has been incarcerated. We must now move forward to enact additional reforms that will enhance public safety and ensure that the real perpetrator is caught and that innocent people are not going to prison."

Senator Steve Saland, who sponsored the legislation, commented: "The DNA databank expansion is particularly critical when studies show that persons who commit serious crimes have also often committed other crimes including lower-level misdemeanors. This law provides a powerful tool to bring closure to unsolved crimes and prevent further crimes from taking place, while providing a means by which a wrongfully convicted person can be exonerated, or a suspect eliminated. Working together, Governor Cuomo, the Senate, and the Assembly have succeeded in making New York a safer state."

Senator Martin Golden, a co-sponsor of the legislation, added: "This law will significantly improve New York State's crime fighting abilities. Through the collection of DNA samples of all persons convicted of felony offenses, and certain misdemeanors, we will help to prevent and solve crimes. By signing this bill into law, Governor Cuomo will add a critical measure of security and safety for all New Yorkers."

"DNA collection is one of the most important tools we have to solve crime, prevent crime, and exonerate the innocent. Through the expanded DNA databank, this non-invasive, $30 test will produce leads in thousands of previously unsolved crimes and bring closure to crime victims and their families,” said Manhattan District Attorney Cyrus R. Vance, Jr.

“I am proud to be here in Albany today with Jessica Reyes, a violent crime survivor and DNA advocate, to celebrate the signing of this life-saving legislation, and thank Governor Cuomo and the state legislature for their leadership on this important criminal justice issue."

Ann M., mother of a rape survivor said, "By signing this bill today, the Governor and the Legislature are taking the necessary steps to not only solve and prevent violent crimes, but also help other families from the pain my family has suffered over the past decade — pain no parent should ever be forced to suffer. I thank the New York State Senate and Assembly for passing this much needed expansion. In addition, I thank the Governor for keeping his promise to pass this bill and for his dedication to keeping our state safe."

The agreement includes the following reforms to the criminal justice system:

"All Crimes DNA" Expansion: This legislation will make New York the first state in the country to expand its DNA databank so dramatically, a reform that promises to solve thousands of crimes and prevent thousands more.

Since its launch in 1996, New York State's DNA Databank has been a powerful tool both for preventing and solving crimes- including more than 2,900 convictions. DNA evidence has helped exonerate 27 New Yorkers who were wrongfully convicted and countless suspects cleared early-on in investigations.

Previously, state law only permitted DNA to be collected from 48 percent of offenders convicted of a Penal Law crime. Among the exclusions were numerous crimes that statistics have shown to be precursors to violent offenses. As a result, New York State missed important opportunities to prevent needless suffering of crime victims and failed to use a powerful tool that could be used to exonerate the innocent.

Expanded Access for Certain Criminal Defendants to DNA Testing: This legislation will allow defendants in certain criminal cases to obtain DNA testing prior to trial to demonstrate their innocence.

Further, under appropriate circumstances defendants convicted after a guilty plea will be allowed access to such testing.

Together, these reforms will help to ensure that innocent defendants are not convicted or, if convicted after a plea, are able to demonstrate their actual innocence.

Expanded Access to Discovery for Certain Criminal Defendants After Trial: In limited circumstances, defendants will be able to seek discovery of property and other materials to demonstrate their actual innocence after their conviction.

Such discovery will provide the court with the evidence necessary to reach a proper decision on a defendant’s motion for such relief.

The following comments were also provided regarding the landmark bill:

"We live in a technological age and with the expansion of New York State’s DNA Databank, we are capitalizing on the power of DNA as a crime fighting tool. The widening of the sampling pool, advocated by Governor Cuomo and passed by the Legislature, will require DNA samples to be collected from all convicted criminal defendants who are found guilty of all felonies and penal law misdemeanors. The Database expansion will go far in helping our state's law enforcement prevent future crimes, resolve pending cases and significantly expand defendants' access to DNA testing to help eliminate wrongful convictions, with the goal of keeping our communities throughout New York State safe." - Westchester County District Attorney Janet DiFiore, President of the New York State District Attorneys’ Association.

"On behalf of the more than 250,000 survivors of crime and abuse whose lives we touch each year, Safe Horizon thanks the leadership in Albany for making our State a safer place to live. The expansion of the DNA Databank will be a powerful tool in finding justice for survivors of crime, and in preventing our family members, friends and neighbors from experiencing violence. We are grateful to Governor Cuomo for his unwavering commitment to adopting 21st century solutions to solving and preventing crime." - Ariel Zwang, Chief Executive Officer of Safe Horizon, the nation’s leading victims’ services agency

"Expanding the DNA database is a victory for crime victims and all those who care about preventing and ending sexual assault. We are tremendously grateful to Governor Cuomo and New York’s legislative leaders for their work." - Mariska Hargitay, Founder and President of the Joyful Heart Foundation

"The use of DNA technology has revolutionized our criminal justice system. Perpetrators are held accountable for their crimes, survivors receive the justice they deserve and thousands more are spared the trauma of sexual violence. By expanding the DNA Databank to include all criminal convictions, New York's leaders have ensured that the state will use DNA to its fullest potential." - Maile Zambuto, Chief Executive Officer of the Joyful Heart Foundation

"On behalf of the Downstate Coalition for Crime Victims and the tens of thousands of crime victims we serve, we applaud the passage of the DNA all-crimes bill. This legislation is bold and visionary and will bring justice and healing to thousands of victims each year in New York State. We thank the New York State Assembly and Senate and the Governor for his outstanding leadership in achieving this victory." - Michael Polenberg and Susan Xenarios, Co-Chairs of the Downstate Coalition for Crime Victims, a consortium of more than 90 victim advocates, service providers, prosecutors and government agencies from New York City and the surrounding counties advocating for sensible legislation and sufficient resources for victims of crime.

"The all-crimes DNA legislation is a major step in providing safety for victims of relationship or sexual violence. By using available technology, we can identify repeat offenders and exonerate the innocent. New York State will be safer for all citizens because Governor Cuomo has championed this initiative." - Maggie Fronk, Executive Director of Domestic Violence and Rape Crisis Services of Saratoga County

"To afford justice to current victims and prevent future victimization by individuals in the DNA Databank, this legislation is critical to all New Yorkers. This can give closure to victims and their families and make communities safer." - Karen Ziegler, director of the Crime Victim and Sexual Violence Center in Albany

Mariska Hargitay photo source:  Mariska Hargitay
Author:  Joella Marano
Permission:  Creative Commons Attribution-Share Alike 2.0 Generic

Crime Victims Push for Passage of DNA Databank Expansion Bill

New York Survivors Offer Video and Written Testimonials

An online map has been launched featuring videos and written testimonials from crime victims, family members, victims' advocates and law enforcement officials throughout the state to demonstrate the importance of passing the bill that expands the State's DNA Databank.

Survivors of violent crime, family members who lost victims to violence and victims' advocacy groups also came to Albany to meet with lawmakers to push for the passage of the legislation.

The map showing the testimonials is available at www.DNAstopscrime.com. 

"I want to thank everyone who shared their story as part of this important website- it takes courage to relive these memories for the sake of keeping all New Yorkers safe," Governor Cuomo said.

"This bill expands the already existing DNA Databank which can help get criminals off the street and help keep innocent people out of jail and that's why every District Attorney and County Sheriff in the state supports this plan. We need this tool to ensure that justice is served in the State of New York."

Along with victims of violent crime, representatives from the following groups also traveled to Albany on Tuesday, including the Joyful Heart Foundation, the Crime Victims Treatment Center at St. Luke's-Roosevelt Hospital Center, Safe Horizon, the Crime Victim Assistance Center in Binghamton, Domestic Violence and Rape Crisis Program of Lewis County Opportunities in Lowville, Orange County Probation Department Crime Victim Assistance Program and the Child Advocacy Center of Putnam County.

Since New York's Databank was created in 1996, it has helped prosecutors obtain nearly 2,900 convictions and helped to exonerate 27 innocent New Yorkers. But New York State has yet to realize the full potential of its DNA Databank because state law only permits DNA to be collected from 48 percent of offenders convicted of a Penal Law crime. Currently, only those convicted of a felony or one of 36 misdemeanors under the Penal Law must provide a DNA sample. 

Cuomo’s proposal would require DNA samples to be collected from anyone convicted of all remaining Penal Law misdemeanors and any felony in any state law, not just felonies under the Penal Law. That includes such crimes as felony driving while intoxicated under the Vehicle and Traffic Law, aggravated animal cruelty under the Agriculture and Markets Law, and prescription drug offenses under the Public Health Law.

The New York State Senate passed the DNA Databank Expansion Bill on Jan. 31, 2012.

Elizabeth Glazer, Deputy Secretary for Public Safety, stated, "Every day we wait to expand the state's DNA Databank, another cold case goes unresolved, a person wrongly convicted sits in prison, and we risk one of our loved ones falling victim to a crime that could have been prevented. How do we know this? Because we have evidence that shows every time we expanded the Databank, we solved more crimes. It's just that simple."

"The enactment of Governor Cuomo's DNA proposal will be an excellent opportunity for New York State to exemplify the 2012 National Crime Victims' Rights Week theme: Extending the Vision. Reaching Every Victim. On behalf of the entire Office of Victim Services, which works to provide an important safety net for crime victims who have nowhere else to turn for help, I proudly support this proposal and believe it will make a huge difference in the life of crime victims and a positive impact on public safety for all New Yorkers," said Tina Stanford, Director of the New York State Office of Victim Services.

Tynetta Megginson, daughter of a murder victim, added, "The dynamics of my family changed when a phone call was received that my mother was found murdered and strangled in her apartment. For seven and a half long years, my family waited in agony as the detectives searched, combed the streets, interviewed several people, and to no avail. Xavier Jones had committed several lesser crimes after murdering my mother, crimes that could have gotten him convicted and brought to justice a lot sooner and that would have decreased the amount of time my family suffered in pain, the sleepless nights, that my children endured, not knowing if it was the mailman, if it was the next door neighbor, if it was a friend who had committed such an atrocity towards our family. They say this is a common sense bill, so I ask you, use common sense and allow this expansion, allow this bill to pass."

"I had to wait for 10 years for the man that raped and assaulted my daughter to be brought to justice. I cannot begin to express the suffering my family endured living with the fear that man could come back and hurt us again. We have the ability to end that kind of waiting for New Yorkers. We have the ability to identify more violent criminals. Why aren't we doing it? Why should New Yorkers have to wait any longer for the DNA Databank to include all felonies and Penal Law misdemeanor convictions so we can catch violent criminals more swiftly? Some people would hold up passage of this important bill even though they essentially agree with it," explained Ann M., mother of a rape survivor.

"I don't understand that. This is just too important to play politics with. Every day that this common sense expansion is delayed by politics, more lives are lost, more people are victimized and more criminals that could be caught and put behind bars are left out on the streets. After over a decade, New Yorkers like me shouldn't have to wait any longer. We need the State Legislature to pass the expansion of the DNA Databank right now."

The last expansion in 2006, which made some low-level misdemeanors DNA-eligible, resulted in the apprehension of hundreds of criminals.

For example: DNA samples taken from individuals convicted of the misdemeanor crime of petit larceny have been linked to 998 crimes, including 53 murders, 223 sexual assaults, 123 robberies, and 427 burglaries; and DNA samples taken from individuals convicted of second-degree criminal trespass have been linked to 30 homicides, 111 sexual assaults and 123 burglaries, among other crimes.

Taking a DNA sample is not an invasive process: convicted offenders rub the inside of their cheek with a swab. The New York State Police Forensic Investigation Center then converts that material into a numerical profile, unique to that offender.

The profile is only used to match convicted offenders to evidence found at a crime scene, and link crimes that may involve the same perpetrator.

The profile cannot be used for any other purpose because the DNA is extracted from locations on the strand that cannot identify the person's race, appearance, health or behavior.

The New York State Police Forensic Investigation Center in Albany can process 10,000 DNA samples from convicted offenders a month. The Governor's proposed expansion will bring the monthly total to less than 7,000 and will not create a backlog.

If enacted, the Governor' proposal would take effect October 1, and it would not be retroactive.

In addition, the proposal would not apply to children involved in Family Court matters or to youthful offenders.

NYS Senate Passes DNA Databank Expansion Bill

DNA molecule

Statement by Governor Andrew Cuomo

"Today the New York State Senate passed the DNA Databank Expansion Bill, an important step in protecting New Yorkers and modernizing the state’s criminal justice system. This critical crime fighting resource embraces technology to help protect the innocent and convict the guilty. I want to thank Senators Golden and Saland for sponsoring this legislation. I call on the Assembly to do the same so I can sign this bill into law immediately."

More information on the bill can be obtained here: DNA Databank Expansion Bill

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