Senator Supports Repeal Of Statute Of Limitations For Sex Offenses
Senator ThomasMorahan, who Chairs the Senate Committee on Mental Health and Developmental Disabilityurged the StateAssemblytosupport current Senate legislation that ensures the State's criminal justice and mental health agencies take every step possible to keep dangerous sexual offenders off our streets and away from our children.
The Senator applauded newly established initiatives by the Governor which ensure approximately 40,000 additional profiles to the State’s DNA Database by 2007. These DNA profiles will be obtained voluntarily from convicted criminals who want to take advantage of early release from prison or parole, receive a sentence of probation instead of jail, plea bargain to a lesser offense, or participate in the Department of Correctional Services' discretionary programs that result in early release into the community.
"Unfortunately, this is still a drop in the bucket. More than half of the individuals who are convicted of felony offenses in New York are not required to provide a DNA sample for inclusion into the state’s DNA Databank. Statistics tell us that many mid-level criminals will go on to commit more serious and violent crimes. That is why the Senate recently bolstered Megan’s Law," said Senator Morahan.
Senator Morahan hopes to enlighten the public as to the value of DNA Data Collection so they will pressure their Assembly member to support legislation which permits collection of DNA samples from designated offenders.
"It is my hope that the Assembly leadership will permit current legislation (S5342) which has passed the Senate, to come up for a vote in the Assembly," said Morahan.
The State first established a DNA Identification Index ("DNA Databank") in 1996. Initially, the DNA Databank included DNA identification profiles for approximately 20 crimes. Due to the Governor's efforts, the Legislature expanded the Databank in 1999 to require the collection of DNA profiles of all persons convicted of violent felony offenses.
In 2004, the State Legislature, again at the urging of the Governor, expanded the Databank to require the collection of DNA profiles from persons convicted of a felony or misdemeanor under the Sex Offender Registry Act, crimes of terrorism, felony hate crimes, and other specified felonies. In total, there are about 153,000 profiles currently in the Databank. On November 28, 2005, the U.S. Court of Appeals for the Second Circuit issued an opinion upholding the constitutionality of New York State's DNA Databank.
Since April 2000, there have been 2,209 "hits" linking offenders to 3,473 crimes -- crimes that may well not have been solved without the use of forensic DNA technology and the DNA Databank. More than 1,600 of these hits were as a result of the 1999 and 2004 expansions of the DNA Databank. The amendments made to the law in July 2004 resulted in 112 additional hits linking offenders to previously unsolved cases, including 76 rape cases and 13 homicides.
However, more must be done. More than half of the individuals who are convicted of felony offenses in the State still are not required to provide a DNA sample for inclusion in the DNA Databank. Less than one-third of all criminal offenses are designated for the mandatory collection of DNA.
Current law does not require DNA samples from felons convicted of serious drug crimes, purveyors of voyeuristic videos, criminal pornographers, identity thieves, forgers and a host of other serious crimes. And the State's DNA Databank currently contains crime scene DNA evidence from more than 16,000 unsolved crimes in the State that could be solved if the DNA Databank were expanded.
"While the State Senate repeatedly has passed the Governor's proposed DNA legislation by overwhelming, bi-partisan majorities, the State Assembly has refused to allow the Governor's bill to the floor for a vote. The most recent vote in the Senate was 55-1 in favor of the Governor's proposal," said the Senator.
The legislation includes the following elements:
Expand DNA Databank to include DNA profiles of all convicted criminals.
Toll the statute of limitations in criminal cases in which the identity of the defendant is established by means of DNA evidence, thereby avoiding the tragedy in which DNA evidence solves a crime, but the perpetrator avoids justice due to the expiration of an outdated statute of limitations.
Provide for the retention and confidentiality of DNA samples maintained outside the State DNA Databank.
Establish the Innocence Project Program to fund the use of DNA to prove the innocence of wrongfully convicted persons.
Require the Commission on Forensic Science to develop best practices regarding the collection and preservation of biological evidence by law enforcement agencies and laboratories.
Create the new crime of aggravated perjury to punish as a felony any false testimony regarding a DNA hit.
Forty-three states, including California, Michigan, Illinois, Pennsylvania, New Jersey, Massachusetts and Connecticut, require DNA from all convicted felons. Eighteen states require DNA from persons convicted of misdemeanors. Five states allow collection of DNA from persons arrested or indicted for designated crimes. Thirty-one states require DNA from juvenile offenders. Persons convicted in federal court of a felony offense must provide a DNA specimen for the national DNA Databank.
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