Major Criminal Justice Agreements Reached

DNA Expansion, Statute of Limitations for Rape Survivors,
Felony Pursuit Set For Legislative Action

Assembly Speaker Sheldon, Codes Committee Chairman Joseph Lentol, and Assembly members Amy Paulin and Joan Christensen today announced bipartisan legislative agreement on bills expanding New York state's DNA databank, eliminating the criminal statute of limitations for felony rape cases and extending the civil statute of limitations in such cases and creating new crimes for unlawfully fleeing a police officer.

Under the measures expected to be passed by both houses before the conclusion of the 2006 legislative session later this week, New York would roughly triple the size of the current DNA database. The measure would expand the criminal DNA database to encompass all persons convicted of felonies and 18 key misdemeanors, including petit larceny.

"This bill provides law enforcement with the tools they need to solve crimes. The Assembly strongly advocated for a plan that significantly expands the DNA database without compromising the integrity of the data collection," said Silver (D-Manhattan).

Recognizing that an immediate expansion of the DNA database would have a significant impact on the capacity of the current system, Lentol said it was important to ensure that the state would be capable of quickly and accurately handling a sizeable increase in the numbers of samples that would have to be entered in the databank.

"The Assembly fought for an expansion designed to work with the current capacity of the databank to process samples, while allowing for all misdemeanors to be phased in as that capacity is expanded," Lentol (D-Brooklyn) said. "This is the smart and effective way to expand the system."

The lawmakers said the legislation would immediately add all felonies and 18 serious misdemeanors to the DNA databank. The wide range of misdemeanor convictions to be added to the database by the bill would include those that involve violence, threats of violence, menacing or stalking behavior or offenses against children, they said.

The misdemeanor crimes designated as priorities for the database include:

• Menacing in the 2nd degree;
• Menacing in the 3rd degree;
• Reckless endangerment in the 2nd degree;
• Petit larceny;
• Stalking in the 4th degree;
• Stalking in the 3rd degree;
• Unlawful imprisonment in the 2nd degree;
• Criminal trespass in the 2nd degree;
• Possession of burglar's tools;
• Sexual abuse in the 3rd degree;
• Forceable touching;
• Endangering the welfare of a child; and,
• Endangering the welfare of an incompetent or physically disabled person.

Providing Greater Justice For Rape Survivors

Also agreed to is legislation that would provide rape victims with a significant opportunity to seek justice. The agreed to bill would completely eliminate the criminal statute of limitations for Class B felony sexual assault crimes and raise the civil statute of limitations in such cases from one year to five years.

The legislation would apply to crimes of: first degree rape, first degree criminal sexual act (formerly called sodomy), first degree aggravated sexual abuse and first degree course of sexual conduct against a child.

"As a former victim of sexual assault, I will live with that night for the rest of my life. It is astonishing that there are those who would seek to limit the opportunity for myself and countless other survivors to seek justice. Pursuing rapists criminally is absolutely critical to preventing rapists from hurting others and holding them accountable. It is also important that no doors be closed for survivors of these horrible crimes to seek compensation from their attackers for their physical injuries, medical costs and pain and suffering. It is an important step in protecting our communities," said Paulin (D-Scarsdale).

Under current law, once the statute of limitations has expired, sexual assault victims are prohibited from seeking legal recourse. The bill would become effective upon being signed into law. Its provisions would apply to crimes committed before the effective date, as long as the current statute of limitations had not expired.

"The Assembly is passing legislation aimed at providing victims of these heinous crimes with every possible opportunity to seek justice. It is important to acknowledge that in cases of such monstrous crimes, there are a host of reasons why people don't step forward and pursue their remedies immediately," said Silver (D-Manhattan).

Unlawfully Fleeing A Police Officer The Craig Todeschini Unlawful Fleeing a Police Officer Act , sponsored by Christensen, seeks to protect the safety of law enforcement officers and other individuals who are put in peril when a person drives recklessly to avoid being pulled over by a police officer.

The agreed-upon legislation would create three new crimes ranging from a Class A misdemeanor to a Class D felony for persons who unlawfully flee a police officer in a motor vehicle.

"Everyday, New York State Troopers risk their lives to protect our communities. With this legislation, the Assembly is taking an important step towards protecting them. It is unconscionable that someone would disregard the efforts of a police officer to pull them over and a flagrant violation of the law to speed away from police pursuit. It is time that such reckless behavior is punishable by more than just a simple traffic ticket. This legislation makes the act of fleeing a police officer a felony when such actions result in injury or death so that the punishment truly fits the crime," said Christensen (D-Syracuse).