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Crime-fighting Initiative Requires DNA Sample for All Penal Law Offenses
All Five NYC District Attorneys, State DA's Association, State Police Chief and
Crime Victim Advocates Laud Governor's Proposal
“DNA is the most powerful tool ever discovered to solve crimes, prevent
crimes and exonerate the innocent, but remarkably in New York State we are
still collecting DNA from only 46 percent of the criminals convicted of penal
law crimes,” Governor Paterson said. “Today, I call on the Legislature to enact
my all-crimes DNA bill, which would require everyone convicted of a penal law
offense, as well as youthful offenders and sex offenders, to submit a DNA
sample.”
Governor Paterson cited the case of Raymon McGill in Albany as just one
example of why this legislation is so important. Twice, McGill was convicted of
minor crimes that did not require collection of DNA. When he was finally
convicted of a DNA qualifying offense, he was linked to the rape of an 85-year-
old woman, the murder of a 50-year-old woman, and the murder of a 68-year-
old man. Had McGill’s DNA been collected as a result of a petit larceny
conviction, his connection to the rape could have been discovered and
chances are he would not have been free to commit the two murders.
Governor Paterson said that his proposal, which would result in an expense of
$400,000 this year and about $1.57 million annually, “is a small investment in
dollars, and a huge investment in the security and safety of New York State.”
Manhattan District Attorney Cyrus R. Vance Jr. said: “DNA testing is one of the
most reliable and cost-effective tools that we have in law enforcement. An
expanded database will help convict the guilty, exonerate the innocent, and
bring closure to thousands of victims from unsolved cases. I thank the
Governor and Acting Commissioner Byrne of the Division of Criminal Justice
Services for introducing this important legislation and look forward to working
with my fellow district attorneys and the Legislature on this critical issue.”
Bronx District Attorney Robert T. Johnson said: “Technology has advanced and
in order to ensure public safety the criminal justice system must advance with
it. We would welcome this expanded use of DNA, which is akin to what
fingerprinting was decades ago.”
Queens District Attorney Richard A. Brown said: “The cost of omitting many
crimes from the DNA databank – as is the case under existing law – is that
those who commit brutal acts of violence oftentimes may escape identification
and remain free to leave more victims in their wake. Earlier this year, for
example, a Queens man believed to have been a first-time offender was
arrested and pleaded guilty to petit larceny. A DNA swab taken post-conviction
revealed that he was wanted for raping two young women – 11 and 19 – on
separate occasions years apart. I commend the Governor for his leadership
and join my colleagues in law enforcement and victim advocates in calling for
swift enactment of this legislation.”
Kings County District Attorney Charles J. Hynes said: “DNA evidence is one of
our most valuable crime-solving tools. Expanding the collection of DNA from
certain designated offenders to all convicted criminals will ensure that the
innocent are exonerated and the guilty are brought to justice.”
Warren County District Attorney Kate Hogan, President of the State District
Attorneys Association, said: “It is simply unconscionable that New York State
still neglects to collect DNA from everyone convicted of a penal law crime,
especially since we know for certain that this simple expansion would prevent
and solve crimes and protect the innocent. It is critical that the Legislature
enact Governor Paterson’s proposal immediately.”
Tina M. Stanford, Chairwoman of the New York State Crime Victims Board,
said: “Throughout New York State, the power of DNA evidence has solved
cases that had long gone cold. Passage of the Governor’s proposal will afford
that measure of justice to many more victims of unsolved crimes and will
prevent more New Yorkers from being victimized.”
Richard Aborn, President of the Citizens Crime Commission, said: “To not
require convicted criminals to provide a DNA sample in this day and age is like
not bothering to fingerprint them. We know that criminals often commit non-
violent crimes before they commit violent crimes. Collecting DNA from all
convicted criminals can help deter future violent acts – and exonerate
someone who is wrongly convicted or suspected of a crime, as well.”