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Monday, May 14th, 2007

Gov. Eliot Spitzer announced yesterday he will submit legislation to expand the state’s DNA databank mandating the collection of DNA from every person convicted of a crime, as well as individuals on probation, on parole supervision, or registered as sex offenders.

The bill also extends the statute of limitations for crimes in which law enforcement has recovered the perpetrator’s DNA, but has not yet been able to match it to a known individual.

Under current law, the state only collects DNA samples from about half of the defendants convicted of crimes, Spitzer said, which “severely limits available criminal evidence, and leads to difficulty solving serious crimes.”

Other provisions:
—Defendants who can make a proper showing of need will have the right to apply for DNA testing before trial, or after trial if necessary;—When there is new evidence that may exonerate a defendant, the prosecutor will be required to bring it to the attention of the court, and the court will be required to reach a prompt resolution of the issues—There will be a new office charged with the responsibility of studying cases in which defendants have been exonerated, and trying to identify the weaknesses in the system that allowed that to happen,

The bill also will:—Establish best practices for the collection and preservation of DNA evidence; and—Require defendants to bring all their post-conviction challenges in one motion at the same time, while simultaneously preserving an exception permitting additional post-conviction challenges based upon newly discovered evidence of innocence.—Expand the opportunity for innocent defendants who are exonerated to seek compensation from the State.

http://polhudson.lohudblogs.com/2007/05/14/spitzer-proposes-dna-database-expansion/

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This entry was posted on Monday, May 14th, 2007 at 3:40 pm and is filed under Surveillance, Civil Liberties & Human Rights News . You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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