Calling it “the fingerprint of the 21st Century,” Senator Mike Ranzenhofer and local law enforcement leaders met today to endorse the “All Crimes DNA Bill,” which has just passed the New York State Senate and is now before the Assembly.
The bill (S5560A) would require anyone convicted of any felony or misdemeanor crime in New York State to submit their DNA to the state’s DNA databank, by way of a mouth swab. The move is expected to add more than 46,000 DNA samples to the state database every year.
“This is very helpful in solving crimes; and on the other hand, it’s also very helpful to exonerate the innocent,” said Ranzenhofer, who voted in favor of the bill just three days ago.
Currently, the state’s criminal DNA submittal bill applies to all felonies, but only to 36 misdemeanors – what can be described in layman’s terms as the more violent, harmful, or prohibitive misdemeanor crimes on the books. Crimes on the current list include third-degree assault, criminal obstruction of breathing, third-degree sexual abuse, and petit larceny, to name only a few.
Under the proposed new law, all convicted misdemeanors would require the DNA contribution – including such crimes as fortune-telling, false advertising, and jostling.
But when asked if he perceived the proposed new law as an infringement upon personal rights, District Attorney Lawrence Friedman was steadfast.
“We’ve been taking people’s fingerprints upon arrest forever,” Friedman said. “This is really, I would suggest, no different…there’s no evidence of any real ‘violation’ that’s ever come up.”
“The person only submits the DNA sample upon conviction,” added Genesee County Sheriff Gary Maha, “…so even if you’re arrested, you’re not going to submit a DNA sample.”
Friedman recalled a recent residential burglary case in Genesee County (he did not name the defendant) in which the only evidence left behind was some spots of blood. Through DNA collected after previous convictions, lawmen were able to track down and arrest the suspect. The defendant later pleaded guilty, and is currently imprisoned.
“As far as we’re concerned, there is no downside to this,” Friedman said. “It’s a great system.”
Ranzenhofer, Maha and Friedman each publicly called for the Assembly to pass the bill immediately.
