New York State Executive Chamber | Governor Eliot Spitzer

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LANDMARK DNA EVIDENCE LEGISLATION PROPOSED
Proposal would both help solve crimes and exonerate innocent defendants

Governor Eliot Spitzer and Lieutenant Governor David Paterson today announced that they will submit landmark legislation allowing New York State to use DNA evidence to its fullest potential. The bill would expand the state’s DNA databank, improve the methods for collection and preservation of that evidence, and greatly enhance the ability of defendants to use DNA evidence to prove their innocence.

“Identification of criminals through DNA comparison is decisive, reliable, and even-handed,” said Governor Spitzer. “This legislation will help us bring the guilty to justice, and exonerate those who have been wrongly accused.”

“This legislation will insure that the very best investigative tools and technology are available to the administrators of justice in our state,” said Lieutenant Governor David Paterson. “Victims of crimes and those wrongly convicted of crimes will greatly benefit from these new provisions.”

DNA evidence is generally regarded as the most effective method of identifying criminals. Yet, under current law, the state only collects DNA samples from about half of the defendants convicted of crimes. This severely limits available criminal evidence, and leads to difficulty solving serious crimes.

The new legislation mandates the collection of DNA from every person convicted of a crime, as well as individuals on probation, on parole supervision, or registered as sex offenders. In addition, the bill extends the statute of limitations for crimes in which law enforcement has recovered the perpetrator’s DNA, but has not yet been able to match it to a known individual.

Expanding the DNA databank and providing more time to find DNA matches will result in more perpetrators being identified, prosecuted, and convicted -- greatly increasing public safety, particularly in high-crime areas.

Notably, the bill includes several provisions that will both reduce the number of innocent New Yorkers who are convicted of crimes, and enhance the ability of those who are convicted to prove their innocence. In particular:

• defendants who can make a proper showing of need will have the right to apply for DNA testing before trial, or after trial if necessary;
• when there is new evidence that may exonerate a defendant, the prosecutor will be required to bring it to the attention of the court, and the court will be required to reach a prompt resolution of the issues; and
• there will be a new office charged with the responsibility of studying cases in which defendants have been exonerated, and trying to identify the weaknesses in the system that allowed that to happen, so that reforms can be implemented in those areas.

The bill also includes several provisions to streamline procedures relating to DNA evidence by:

• establishing best practices for the collection and preservation of DNA evidence; and
• requiring defendants to bring all their post-conviction challenges in one motion at the same time, while simultaneously preserving an exception permitting additional post-conviction challenges based upon newly discovered evidence of innocence.

Finally, the bill expands the opportunity for innocent defendants who are exonerated to seek compensation from the State.

Chairman of the Committee on Criminal Justice at the Respect for Law Alliance, Inc., Gerald Turetsky said, “The Governor’s proposed bill on DNA expansion is an excellent and carefully balanced approach to expand the DNA index and make it a more effective law enforcement tool. At the same time it maximizes DNA’s potential to protect the innocent, wrongfully accused or those convicted of crimes. The Governor’s bill is a long overdue recognition that the success of New York’s criminal justice system is dependent not only on its efficiency in apprehending and convicting those guilty of committing crimes, but just as importantly making sure those accused and convicted are actually guilty.”

Saratoga County District Attorney Jim Murphy said, “I think Governor Spitzer’s bill is a comprehensive, thoughtful approach that will promote the safety of the residents of New York. The provision for ‘all-crimes’ collection of DNA samples will help prosecutors and will help exonerate the innocent.”

Onondaga County District Attorney William Fitzpatrick said, “As a former prosecutor, Governor Spitzer has a unique perspective to recognize the potential of DNA evidence. It is the unique perspective of a prosecutor who is bound to seek the truth, whatever the truth may be. I applaud Governor Spitzer for his leadership in this important area. I look forward to working with him to support this kind of innovative legislative solution to problems in the criminal justice system.”