New York State's district attorneys are being asked to collect DNA samples from anyone convicted of a felony or misdemeanor. The request, from the acting commissioner of the state Division of Criminal Justice Services, said that by expanding the state's DNA database it would help law enforcement throughout the state solve other, and in many cases, longstanding crimes.
New York Governor David Patterson sought legislation to mandate the DNA collection, but lawmakers were cold to the idea and didn't act. So, now it's in the hands of the state's 62 district attorneys, many of whom believe DNA testing is the fingerprint of the 21st century.
Under New York law, most felony convictions require the collection of DNA samples, but most misdemeanors, including first-time DWIs convictions, don't. State law enforcement officials argue that they've had hundreds of "hits" using the DNA database that have tied criminals to other crimes, including murder, burglary and sexual assault. By collecting DNA from everyone convicted of a crime, it would expand the database and help link criminals to other crimes, possibly solving longstanding cold cases.
While DNA testing has its benefits, the New York Civil Liberties Union argued against the initiative, saying that the widespread and immediate collection of samples from criminals was not infallible. A number of New York legislators echoed those sentiments, while others expressed other concerns with the immediate collection of DNA including testing costs. Ultimately, the legislation failed to move forward.
With little legislative support, New York district attorneys are now being asked to take it upon themselves to collect DNA samples from every person convicted in a New York courtroom. Some prosecutors may be reluctant to take such draconian steps without a mandate from the New York Assembly, but it appears that most New York prosecutors favor DNA collection as a way to add to the state's DNA database.
