DNA databank expansion law now effective

ALBANY (AP) – Governor Andrew M. Cuomo Wednesday announced that the groundbreaking law expanding New York State's DNA Databank by requiring anyone convicted of any felony or Penal Law misdemeanor to provide a DNA sample is now effective.

The new law also includes expanded access to DNA Databank comparisons for certain criminal defendants, allowing them to obtain DNA testing before trial or after a guilty plea to demonstrate their innocence. In addition, the law provides for greater access to discovery of evidence after conviction where innocence is claimed.

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"New York is the first state to expand its DNA Databank so dramatically, once again leading the way for the rest of the nation," Governor Cuomo said. "This new law will enhance the effectiveness and fairness of the state's criminal justice system by using this powerful technology to its fullest potential. This expansion will help solve and prevent crimes, bring justice to victims and prove innocence for the wrongfully convicted - and above all make our neighborhoods safer for New Yorkers."

Prior to this law, New York State permitted DNA to be collected from only 48 percent of offenders convicted of a Penal Law crime, which comprised of only those individuals who were convicted of a felony or one of 36 misdemeanors under the Penal Law. DNA samples will now be collected from anyone convicted of a Penal Law misdemeanor or a felony in any state law - such as felony driving while intoxicated under the Vehicle and Traffic Law.

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