Provides that people arrested in connection with felonies relating to sex offenses where the victim is less than 13 years old must submit a DNA sample

2 Co-sponsors

• Leroy Comrie
• George Latimer

Title of bill

An act to amend the executive law and the criminal procedure law, in relation to requiring individuals arrested in connection with certain felonies to submit a DNA sample

Purpose or general idea of bill

This bill, known as the Precious Child Act, would require DNA upon arrest for sexual offenses felonies against a child.

Summary of specific provisions

Section 1: amends the executive law section 995 by adding a new definition of "felony arrestee", which is defined as a person arrested and charged with certain sexual offenses felonies when the victim is less than 13 years old.

Section 2: amends the executive law section 995-c to require that felony arrestees as defined in section one provide a DNA sample upon arrest.

Section 3: amends the executive law section 995-c to clarify the procedure in which an arrestee who is not convicted of an offense for which DNA is collected may get his or her DNA expunged.

Section 4-11: amends various provisions of the criminal procedure law dealing with the requirement of taking fingerprints in accordance with 160.10 to also include a requirement for taking a DNA sample appropriate for DNA testing.

Section 12: Effective Date.

Justification

This bill would require certain arrestees to provide a DNA sample when the victim is less than 13 years of age. Currently DNA is only required for certain crimes upon conviction in New York State.

This legislation will facilitate the identification of repeat offenders. Furthermore, this testing will help expedite investigations. Sexual crimes against children are particularly abhorrent. DNA upon arrest is a valuable new tool for investigators to catch dangerous offenders of serious crimes. In 2005, the city of Chicago conducted a study on preventable crimes. This study found at least 60 violent crimes, including 53 murders and rapes, that could have been prevented if DNA had been required upon arrest.

In 2013, the US Supreme Court ruled in Maryland vs. King that DNA testing upon arrest is akin to fingerprinting and is not violate rights guaranteed by the 4th amendment. To date, twenty-eight states have laws which would allow DNA upon arrest of certain felonies. Such collection of DNA for these heinous crimes will help prevent violent crimes, solve cold cases, and exonerate the innocent. Ultimately, this legislation will save the state time and money by reducing crime rates and catching offenders sooner.

Prior legislative history

New bill.

Fiscal implications

To be determined. EFFECTIVE DATE : This act shall take effect on the 180th day after it shall become law.