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Expansion of the existing DNA index offenses will ensure that criminals are in the system at the outset of their criminal careers, so that those who choose to re-offend will be identified more readily and with greater certainty, thus cutting short future criminal activity. Under current New York State law, less than half of the individuals who are convicted of felony offenses in our State are required to provide a DNA specimen for the Databank. In comparison, forty-two other states now have laws requiring all felony offenders to be included in their states’ DNA Databank. New York is one of only eight states that don’t require DNA from all felons. Currently, the New York State DNA databank holds more than 144,000 offender DNA profiles and 15,000 forensic evidence profiles. That means there are 15,000 unsolved cases in which DNA evidence has been recovered, but for which no perpetrator can currently be identified. That would translate into15,000 solved cases if and when the perpetrator’s DNA profile is added to the databank. Based on experience, it’s reasonable to expect that the people who committed these offenses have had other brushes with the law. However, they have not been identified simply because our laws have simply not required them to provide a DNA specimen. In July 2004, the legislature added approximately 100 new DNA qualifying offenses including sex-related misdemeanors. This small change resulted in more than 80 additional hits linking offenders to previously unsolved cases including 51 rape cases and 13 homicides. The bears repeating – with even an incomplete and non-comprehensive expansion of the State’s DNA Databank, 13 homicides and 51 rapes were solved. Imagine what we could accomplish if we expand the databank to include all convicted criminals. Recently, in Albany County, a series of brutal cases were solved when the DNA Databank successfully linked Raymon McGill to the rape of an elderly woman in 2000, as well as to two previous homicides. He was identified following his conviction and sentencing for a DNA qualifying offense. If this proposed legislation would have been in effect and allowed the collection of DNA from offenders convicted of misdemeanor offenses, McGill could have been identified at the time of the 2000 rape, and two homicides would likely have been prevented. The Raymon McGill case serves to confirm the findings of two comprehensive studies by the Division of Criminal Justice Services that show on average, offenders linked to crimes using the DNA Databank had approximately 12 prior convictions. However, nearly five years passed before an offender was convicted of a crime that qualified for DNA specimen submission. In addition, these studies and a review of "hits" in the DNA Databank show offenders tend to be versatile rather than specialized in their offending patterns. For example, of 1136 offenders linked to sexual assault cases through a DNA Databank hit, over 82% were required to be included in the Databank based on a prior conviction for other than a sex related offense (such as larceny, burglary or drug violations). DNA evidence has been shown time and again to be objective and reliable. In a recent highly publicized series of rapes in New York City, the perpetrator, dubbed in the press as the “Spiderman rapist”, was quickly identified through a DNA Databank hit. Perhaps more importantly, an innocent suspect arrested days earlier in the case was promptly released based on DNA testing. Simply stated, the use of DNA technology in the criminal justice system has been proven effective in solving crimes and clearing innocent suspects. Criminal investigations move forward more efficiently and the courts are provided objective and reliable evidence on which to base decisions on guilt or innocence. Most importantly, this technology prevents crime and saves lives by catching perpetrators before they visit additional violence on the citizens of our State. Moreover, DNA evidence helps bring closure for the victims of crime and their families. The quick identification of suspects based on DNA technology can prevent future victimizations and save money. Scarce public resources can be used more efficiently by reducing the cost to police spent in running down futile leads as DNA evidence implicates or eliminates suspects. It just makes sense to include offenders in the DNA Databank at their earliest conviction rather than wait until they’re finally caught for a more serious crime. Their fingerprints are searchable in the state and national automated fingerprint data systems upon their first conviction. Why not their DNA identification profile which is simply another highly reliable identification tool? Based on experiences in other states, those with the largest offender databases typically show the greatest success in resolving difficult stranger on stranger crimes. This administration will advocate for support in ammending the law to expand the DNA databank. It is important to note that confidentiality and individual privacy is consided. The databank will be maintained by the Division of Criminal Justice Services and released only to law enforcement agencies in connection with a criminal investigation. The agencies receiving the information must have signed a use and dissemination agreement controlling further use of the information. In addition, the information obtained from a DNA identification test is only useful for comparing DNA samples to one another. It cannot be used to tell physical traits of a person or to identify any genetic predisposition to diseases carried by a person. Criminal penalties apply for unauthorized disclosure of DNA information. Experience shows these controls work. DNA is a powerful crime-fighting tool that helps convict the guilty, exonerate the innocent, and bring justice for victims. It is time for New York State to move forward and expand the list of offenses that require DNA specimens to include all criminal offenders.
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