Citizens Crime Commission of New York City

A non-partisan non-profit organization working to make criminal justice
and public safety policies and practices more effective through innovation,
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Expanding the DNA Databank
Make DNA the New Fingerprint

To date, all 50 states have passed DNA legislation authorizing the collection of DNA profiles from certain subjects for submission to the national system. These databanks hold DNA samples from selected offenders and samples collected at crime scenes. The DNA profiles can be searched on a local, state or national level to match crime scene samples to a known offender.

The premise for the collection of offender DNA is based on evidence that violent criminals commit both multiple crimes and nonviolent crimes. Richard Aborn, President of the Crime Commission, explained that "Expanding the taking of DNA from all convicted criminals, not just those convicted of a limited number of offenses. . . leads to new crimes being prevented because we know criminals commit multiple offenses before being caught. The use of DNA is crime fighting at its best."

In 2006, the Crime Commission successfully supported the expansion of New York's DNA databank. But New York still fails to collect DNA from more than half of all convicted criminals. By helping to solve crimes and determine the innocence of the accused, forensic DNA information has increasingly become a major resource for law enforcement and criminal justice officials. The Crime Commission currently believes that DNA should be treated in the same way that fingerprints are treated—a sample should be taken for all offenses and kept in a database in cases once a person is convicted.

New York's current DNA Databank law requires anyone convicted of and sentenced for any penal law felony or an attempt to commit a penal law felony, where such attempt is itself a felony offense, as well as for 36 specified misdemeanor offenses (including reckless endangerment, petit larceny, stalking, unlawful imprisonment, criminal trespass, sexual abuse, and endangering the welfare of a child), to provide a DNA sample for the State DNA Databank.

» read Richard Aborn's testimony
» read Richard Aborn's Op-Ed
» read the fact sheet







Crime Commission President Richard Aborn joins Governor Paterson at a press conference to urge New York to expand the state DNA Databank law.

NY DNA Databank Reform Timeline:

1994 : DNA Databank legislation enacted—consisting of samples from 21 offenses (including homicide and certain sex-related offenses)

1996 : Databank began in limited operation

1999 : Databank expanded to include 107 felonies (65% of penal law felonies)

2004 : Databank expanded to include all Sex Offender Registration Act offenses and a few more felonies—consisting of 14% of convictions.

2006 : DNA Databank expanded to all felonies and 18 additional misdemeanors—covering 46% of Penal Law convictions throughout New York State.

2010 : The crime of strangulation was added the New York State Penal Law (Article 121.00), including two felony offenses (strangulation in the first and second degrees) and one misdemeanor offense (criminal obstruction of breathing or blood circulation). The misdemeanor offense was added to the list of designated offender misdemeanors that require submission of a DNA sample upon conviction. (Note: under the 2006 expansion all Penal Law felony offenses require collection of a DNA sample.)

The DNA Databank law now requires DNA sample collection in about 48% of all Penal Law convictions throughout New York State.


NY DNA Databank Statistics:
(as of January 2012) [DCJS]

386,234 = total number of Designated Offender DNA Profiles in the NY DNA Databank

37,760 = total number of Forensic Case DNA Profiles (samples from crime scenes) in the NY DNA Databank

10,253 = total number of offender to forensic case hits (matches) within NY

252 = total number of forensic case to case hits within the state

2,033 = total number of offender to forensic case national hits from the NY databank

13,241 = total number of cases aided by databank hits (includes case to case and offender to forensic matches)

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