Pubdate: Wed, 14 Apr 1999
Source: New York Law Journal
Website: http://www.nylj.com
Author: Gary Spencer

NY GOV. SEEKS DNA TESTING FOR ALL FELONS

ALBANY - Governor Pataki yesterday unveiled his plan for a massive
expansion of genetic profiling to cover all felony and attempted-
felony convictions, a measure that would add car thieves, tax evaders
and drug offenders to the DNA databank's current collection of violent
criminals.

His bill, somewhat broader than the one he outlined in his state-of-
the-state address three months ago, would require offenders convicted
in prior years to provide DNA samples if they are still serving their
sentences when the law takes effect.

And it would direct state Criminal Justice Services Director Katherine
N. Lapp to conduct a study of the feasibility of taking DNA samples
from suspects on arrest, a proposal first advanced by New York City
Police Commissioner Howard Safir in December.

Proponents and critics of genetic profiling said the study could lay
the groundwork for the largest DNA databank in the nation or, perhaps
more likely, identify serious fiscal or legal obstacles that stand in
the way.

"Governor Pataki understands the breadth and depth of such an
undertaking and has directed me to do a full legal, fiscal and
operational analysis of the limitations of DNA sampling on arrest,"
Ms. Lapp said.

Flanked by police and prosecutors at a Manhattan press conference,
Governor Pataki described genetic profiling as a crucial law
enforcement tool that should be used to the fullest extent possible.

"The untapped potential for advancing public safety is enormous," he
said. "By gathering nothing more than a miniscule sample of hair from
a crime scene, police officers can now positively identify a violent
criminal, or just as easily discount an innocent individual."

BROAD BILL

New York Civil Liberties Executive Director Norman Siegel complained
the bill is much too broad, expanding the databank well beyond the
"crimes of a violent or sexual nature where DNA samples would be
relevant to the prosecution." And he said the study on DNA sampling on
arrest highlights a disturbing trend.

"In less than a decade, we are moving from the collection of data from
convicted murderers to the collection of data from those who are
presumed innocent," he said. "There is a notion in America that you
wait until someone is convicted...."

In Albany, key state legislators said some expansion of the DNA
sampling requirement to additional felony convictions is almost
certain, but they predicted it would fall short of the Governor's all-
encompassing proposal.

Assembly Codes Committee Chairman Joseph R. Lentol, D-Brooklyn, said,
"If you expand it to every conceivable felony and attempted felony,
you could burden the crime lab to the point where it would interfere
with the lab's ability to process and match samples from the most
serious crimes."

Senate Codes Committee Chairman Dale M. Volker, R-Depew, said he will
sponsor the Governor's bill, and he expects the Senate to pass it. But
he observed that the State Police crime lab is already strained by the
current number of DNA samples, and he predicted that negotiations on a
final bill will produce a more limited expansion.

At the same time," he said, "I think we should look at expanding the
database itself -- more money and equipment."

MORE OFFENDERS

The current statute, enacted in 1994, requires DNA samples from only
the 11 percent of felony offenders who are convicted of 21 of the most
serious crimes, including murder, manslaughter, rape and felony
assault. The State Police lab has been able to process only about
1,500 of the 6,000 samples it has received so far.

Governor Pataki's bill would increase the number of offenders subject
to DNA sampling from about 5,000 per year to 50,000 per year,
according to the Governor's bill memorandum.

Senator Volker and Assemblyman Lentol both said burglary should be
included in the list of covered crimes. "You have sexual predators who
are burglars," Mr. Lentol said. "Those are the types of felonies that
should be subject to databanking. But I don't see why you would
include white-collar crimes like tax evasion," where DNA samples would
be of little investigative use.

The Governor's bill seeks to address privacy concerns by increasing
the penalty for unauthorized disclosure of DNA records from a
misdemeanor to a class E felony. The bill would also make it a class E
felony to tamper with a DNA sample and for felons to refuse to provide
a sample.

The two Codes Committee chairmen said toughening the penalty for
unauthorized disclosure is a good first step, but that further actions
may be needed to ensure that databank information is not used for
anything other than identifying criminal suspects.

Assemblyman Lentol said he plans to hold hearings on genetic profiling
later in the legislative session to address confidentiality issues and
to consider new scientific techniques that might speed the processing
of DNA samples.

Both legislators approved of the study of DNA sampling on arrest, if
only to provide a clearer picture of the proposal's consequences. "The
financial implications of taking DNA samples on arrest is huge,"
Senator Volker said. "You'd get a huge database alright, but where
would you put it?"
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