ALL CRIMES DNA

Dear friends,

 

I have some big news that I wanted to tell you about right away.* Minutes ago, the Governor announced an historic agreement that will make New York State the first "all crimes DNA" state in the nation, by requiring that DNA samples be collected from anyone convicted of a felony or penal law misdemeanor.

 

In addition, the bill 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 to demonstrate their innocence.

 

As I told the New York Times : 

 

"Every single time we've expanded the DNA database, we have shown how effective it is in convicting people who commit crimes, and we've also shown that it can be used to exonerate the innocent."

 

These reforms go to the core responsibilities of the criminal justice system; to move swiftly and fairly to convict the guilty and to do all that it can to protect the innocent.  

 

This is a major victory for law enforcement and all New Yorkers, which the Crime Commission has worked tirelessly to achieve.

 

The agreement includes the following:

 

All Crimes DNA Expansion: 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- and for proving innocence, including 27 individuals exonerated 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.