Spitzer proposes expanded criminal DNA database
Plan would add 50,000 samples to the state’s database at a cost of $1.75 million; the convicted will find it easier to challenge DNA evidence
Cotton swab manufacturers take note: If Governor Eliot Spitzer has his way, New York may soon be to DNA collection what England is to CCTV — and criminal defense lawyers are uncertain how to react. Promising to make it easier for the accused to prove their innocense, Spitzer last week proposed that police take DNA samples from anyone found guillty of a crime from misdeamenors on up, as well as from currrent prisoners, the New York Times reported. (Currently, the state takes samples only from serious criminals, not bookies and drug possessors. This is typically done with an oral swab.) At the same time, the bill would create procedures for the convicted to challenge their guilt against a statewide DNA database, something that courts are typically loathe to do, and would also establish a state office to mananage the claims. All told, Spitzer’s plan would add 50,000 samples to the state’s database at a cost of $1.75 million. The database currently contains almost 250,000 samples and has produced matches in almost 4,000 cases, according to the state’s Division of Criminal Justice Services.