A deal has been reached on the DNA database expansion bill in NY that I have blogged about previously. The Innocence Project and its supporters have tried for weeks to get innocence reforms-such as eyewitness identification reform and the recording of interrogations-added to the bill. Governor Cuomo strongly opposed these additions. It appears that a deal has been reached, unfortunately, that DOES NOT include the innocence reforms. Instead, the bill expands the the collection of DNA for the database to all felonies and many misdemeanors. Governor Cuomo brags that it is the first “all crime” DNA collection law in the country.
The deal does include some interesting wrinkles that are good, including: (1) equal access to the database for defense attorneys and inmates; and (2) the defendant’s right to DNA testing prior to trial. Details here.
