Establishes the "All Felons DNA Database Act"

2 Co-sponsors

• Frank Padavan
• William J. Larkin Jr.

Title of bill

An act to amend the executive law, in relation to expanding the DNA identification index to include all felons

Purpose

To expand the DNA identification index to include all felons.

Summary of provisions

The bill amends Subdivision 7 of Section 995 of the Executive Law to define "Designated Offenders" from whom a DNA sample will be taken.

Subdivision 3 of Section 995-c of the Executive Law is amended to provide that any designated offender pursuant to this article shall be required to provide a sample from such person's mouth by using buccal swabs, by blood draw or by any other method approved as appropriate for DNA testing to determine identification characteristics specific to such persons and to be included in a state DNA identification index pursuant to this article.

Justification

The crime of rape is horrific in its immediate and secondary consequence to the victim which is often long term. When a rapist is unidentified, victims of such rapists, frequently experience a perceived sense of constant fear and dread wondering if the rapist will ever return.

One positive method to improve this state of uncertainty for rape victims is the establishment of "All Felons" database legislation to record and maintain the DNA of convicted felons to allow and attempt the matching of such DNA against that of known criminal offender to seek prosecution and confinement of those previously unidentified and hidden offenders.

Legislative history

2008-07: S.4448 Referred to Finance 2006-05: S.2959 Referred to Finance

Fiscal implications

To be determined.

Effective date

This act shall take effect immediately and shall apply to designated offenses committed on or after the effective date of this act as well as designated offenses committed prior to the effective date of this act and after January 1, 2003.