Includes the conviction of any offense for which fingerprints are required to be taken upon arrest within the designated offenses requiring a DNA sample

BILL NUMBER:S2002

Title of bill

An act to amend the executive law, in relation to including the conviction of any offense which requires the taking of fingerprints upon arrest, within the definition of "designated offender" for purposes of the state DNA identification index

Purpose

Expands the list of criminal convictions which require a person to give a DNA sample for inclusion in the state DNA database.

Summary of provisions

Section 1 of the bill expands the definition of "designated offender" as used in provisions establishing the DNA database. This amendment expands the list of convictions which require the defendant to give a DNA sample to now include a conviction for any offense for which a fingerprint is required to be taken pursuant to subdivision one of section 160.10 of the Criminal Procedure Law.

Section 2 of the bill provides that these provisions shall be effective immediately and shall apply to designated offenses committed on and after the effective date as well as to designated offenses committed prior to the effective date where service of the sentence imposed upon the conviction is not completed prior to the effective date.

Existing law

Existing law now provides a list of crimes for which a person is required to give a DNA sample to the database. However, not all offenses for which a fingerprint is required to be taken are included in this list. Increasing the list of crimes for which DNA samples are required will enhance the possibilities of both detecting the perpetrators of crimes which have already been committed and preventing the commission of crimes in the future.

Justification

There are approximately 130,000 Penal Law misdemeanor and felony convictions annually in New York State. Experience has clearly shown that many perpetrators convicted of lower or mid-level crimes have committed, or will subsequently commit, more serious and violent crimes. It is now well recognized that the State DNA Databank has allowed law enforcement officers to link crimes in different jurisdictions, identify suspects, and, equally important, exonerate the innocent.

In 2006 the Databank was expanded to include all felonies defined in the penal law as well as seventeen misdemeanors. There are over 200,000 recorded misdemeanor convictions in the state each year. While all of these persons convicted of misdemeanors are required to provide a fingerprint, many of these same persons are not required to submit a DNA sample. Experience has shown that many serious felony offenders have a long prior history of petty crimes. Including all offenses which must be fingerprinted in the DNA database will allow earlier detection of these criminal individuals, prevent the

commission of future crimes and provide a broader database for persons to access for the purpose of establishing their innocence.

Legislative history

2009/2010 - S.3111 Referred to Codes 2007 - S.2375 - Controversial - Passed Senate 54-6/Senator Sabini asked a question, 166 3/21 2008 - S.2375 - Controversial - Passed Senate 51-9/Senator Schneiderman explained his vote

Fiscal implications

The costs associated with expansion of the database provided for in this bill have been funded in the 2006-2007 state budget. The 2006-07 budget provided significant funding not only for the expansion enacted in 2006, but also to process samples well in excess of the samples that are to be submitted under the existing law as modified by the expansion enacted in 2006.

Effective date

Immediately and applicable to designated offenses committed on and after the effective date as well as to designated offenses committed prior to the effective date where service of the sentence upon such offense has not been completed prior to the effective date.