Governor Paterson Introduces All-Crimes DNA Bill

ALBANY, NY (06/01/2010)(readMedia)-- Governor David A. Paterson today announced that he is submitting legislation that will require everyone convicted of a penal law crime to provide a DNA sample. Due to a flaw in New York's current law, criminals who would otherwise be incarcerated based on a DNA match are free to commit additional crimes.

"DNA is the most powerful tool ever discovered to solve crimes, prevent crimes and exonerate the innocent, but remarkably in New York State we are still collecting DNA from only 46 percent of the criminals convicted of penal law crimes," Governor Paterson said. "Today, I call on the Legislature to enact my all-crimes DNA bill, which would require everyone convicted of a penal law offense, as well as youthful offenders and sex offenders, to submit a DNA sample."

Governor Paterson cited the case of Raymon McGill in Albany as just one example of why this legislation is so important. Twice, McGill was convicted of minor crimes that did not require collection of DNA. When he was finally convicted of a DNA qualifying offense, he was linked to the rape of an 85-year-old woman, the murder of a 50-year-old woman, and the murder of a 68-year-old man. Had McGill's DNA been collected as a result of a petit larceny conviction, his connection to the rape could have been discovered and chances are he would not have been free to commit the two murders.

Governor Paterson said that his proposal, which would result in an expense of $400,000 this year and about $1.57 million annually, "is a small investment in dollars, and a huge investment in the security and safety of New York State."

The Governor's initiative was announced at a press conference today in New York City. Standing with the Governor were representatives of all five of the New York City district attorney's offices, the District Attorneys Association of the State of New York; the New York State Association of Chiefs of Police; the Citizens Crime Commission and crime victim advocates.

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The following statements were provided in support of Governor Paterson's DNA legislation:

Manhattan District Attorney Cyrus R. Vance Jr. said: "DNA testing is one of the most reliable and cost-effective tools that we have in law enforcement. An expanded database will help convict the guilty, exonerate the innocent, and bring closure to thousands of victims from unsolved cases. I thank the Governor and Acting Commissioner Byrne of the Division of Criminal Justice Services for introducing this important legislation and look forward to working with my fellow district attorneys and the Legislature on this critical issue."

Bronx District Attorney Robert T. Johnson said: "Technology has advanced and in order to ensure public safety the criminal justice system must advance with it. We would welcome this expanded use of DNA, which is akin to what fingerprinting was decades ago."

Richmond County District Attorney Daniel M. Donovan, Jr. said: "As a prosecutor it is unfathomable to me that we can have a DNA sample from a rape and at a later date arrest, convict and incarcerate the rapist for an unrelated crime which does not require a DNA sample, and unknowingly release him back into the community to commit more crimes, perhaps even another rape. This legislation would help prosecutors solve scores of violent crimes and remove dangerous predators from our streets. I applaud Governor Paterson for proposing this bill and encourage the leadership in the legislature to advance this legislation for a vote."

Queens District Attorney Richard A. Brown said: "The cost of omitting many crimes from the DNA databank – as is the case under existing law – is that those who commit brutal acts of violence oftentimes may escape identification and remain free to leave more victims in their wake. Earlier this year, for example, a Queens man believed to have been a first-time offender was arrested and pleaded guilty to petit larceny. A DNA swab taken post-conviction revealed that he was wanted for raping two young women – 11 and 19 – on separate occasions years apart. I commend the Governor for his leadership and join my colleagues in law enforcement and victim advocates in calling for swift enactment of this legislation."

Kings County District Attorney Charles J. Hynes said: "DNA evidence is one of our most valuable crime-solving tools. Expanding the collection of DNA from certain designated offenders to all convicted criminals will ensure that the innocent are exonerated and the guilty are brought to justice."

Warren County District Attorney Kate Hogan, President of the State District Attorneys Association, said: "It is simply unconscionable that New York State still neglects to collect DNA from everyone convicted of a penal law crime, especially since we know for certain that this simple expansion would prevent and solve crimes and protect the innocent. It is critical that the Legislature enact Governor Paterson's proposal immediately."

Acting Division of Criminal Justice Services Commissioner Sean Byrne said: "Last year, nearly 43,000 individuals were arrested for a violent felony, and 7,500 of them had a prior conviction for which they did not have to submit a DNA sample. By our inability to collect DNA in those 7,500 cases, law enforcement was deprived of critical evidence that could have prevented or helped solve those violent felonies."

Tina M. Stanford, Chairwoman of the New York State Crime Victims Board, said: "Throughout New York State, the power of DNA evidence has solved cases that had long gone cold. Passage of the Governor's proposal will afford that measure of justice to many more victims of unsolved crimes and will prevent more New Yorkers from being victimized."

Richard Aborn, President of the Citizens Crime Commission, said: "To not require convicted criminals to provide a DNA sample in this day and age is like not bothering to fingerprint them. We know that criminals often commit non-violent crimes before they commit violent crimes. Collecting DNA from all convicted criminals can help deter future violent acts – and exonerate someone who is wrongly convicted or suspected of a crime, as well."

Michael Polenberg, Co-Chair of the Downstate Coalition, a consortium of 90 victim service agencies, prosecutors, advocates and survivors from New York City and its environs, said: "The Downstate Coalition for Crime Victims strongly supports Governor Paterson's efforts to expand DNA testing. This law will be a powerful tool to bring closure to unsolved crimes and prevent further crimes from taking place. For the victims of violence and abuse, the Governor's proposal will add a much-needed measure of security and safety."

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