DNA has transformed the American judicial system to such a large extent that many view it as the fingerprint of the 21st century. With the help of DNA evidence, innocent people have been set free from prison, and elusive criminals - such as California's "Grim Sleeper" - have been apprehended. So it's not surprising that New York Governor David Paterson has proposed legislation to expand his state's DNA database to include low-level offenders.
New York State Executive Law Article 49-B authorized the creation of a DNA identification index at the Division of Criminal Justice Services (DCJS) in 1994. New York started its DNA database in 1996. Almost a decade later, then-Governor Eliot Spitzer sought to expand the state's DNA database to require testing of those found guilty of felonies and misdemeanors. Spitzer's hope was that DNA could play a role in vindicating the innocent and fighting crime. Since 1996, approximately 350,000 samples have been stored in the database.
With Paterson's announcement, New York will join 16 other states that require offenders convicted of felonies to submit DNA samples, but it will be the first state that requires all misdemeanor offenders to surrender DNA as well. New York's DNA Databank expansion will cost taxpayers almost $1.5 million per year and will add nearly 50,000 DNA samples annually. Proponents argue that with more samples in the computerized database, there is a good chance that many of the nearly 30,000 unsolved crimes in New York could be resolved.
While many groups, including the state's Division of Criminal Justice Services, support the proposed law, the New York Civil Liberties Union (NYCLU) is concerned about the legislation and believes that the expansion will compromise the system. In the past, the NYCLU has expressed concerns that similar legislation would present problems with maintaining consistent rules for sample storage and processing, and also be difficult for the state to enforce.
Other legislators, such as Brooklyn Assemblyman Joseph Lentol, who has been advocating for DNA database expansion for years, also seek to make sure safeguards are in place to reduce the risk of wrongful convictions. The New York Legislature is now considering six other proposed legislative expansions and amendments to deal with those issues.
There is no question that DNA has transformed criminal prosecutions. With the expansion of New York's DNA database and law enforcement's increasing reliance on the technology, the benefits of Governor Paterson's proposal may be clear, but the totality of the consequences remains to be seen.
