In most cities and states, vandalism, shoplifting, and loitering are misdemeanors - possibly involving community service, not jail time. But those who commit such low-level crimes in New York State may soon be required to give DNA samples to authorities - just as convicted rapists or murderers do.

If the Legislature passes the proposal, which is currently being debated, New York would be the first state in the nation to require DNA samples for all convicted offenders.

Gov. George Pataki (R), who is asking the Legislature to expand DNA collection, argues that a larger database will help solve more crimes. Supporters add it will help solve future crimes because criminals who start off committing petty crimes sometimes graduate to more serious offenses.

The Empire State's move comes as DNA work in criminal investigations is under closer scrutiny. Complaints are rising about mistakes - some inadvertent, others fraudulent - at DNA labs around the country. Groups that have championed the use of DNA to verify the guilt or innocence of convicts are now campaigning against large-scale expansion of the practice, saying it would overwhelm labs. Others cite concerns about the increasing number of innocent people whose DNA is stored in a databank without their knowledge or approval.

"People have come to appreciate the power of DNA to solve crimes. They now need to respect the care that is required to maximize its potential and avoid its abuse," says Stephen Saloom, policy director for the Innocence Project, which has used DNA testing to free 176 prisoners wrongfully convicted.

Twenty-eight states now collect samples for some misdemeanors, according to DNAResource.com, a website that tracks DNA policies. A week ago, Kansas joined California and five other states in going one step further: taking the DNA samples of some people arrested, but not necessarily charged, with a crime.

"They all tend to be violent felony and burglary arrestees," says Lisa Hurst, a government-affairs consultant with Smith Alling Lane, which represents Applied Biosystems, a maker of DNA testing equipment. Smith Alling Lane also runs DNAResource.com.

New York's proposal, however, would go the furthest, requiring DNA collection for all convicted of misdemeanors. This would add about 80,000 additional DNA profiles per year to the DNA bank, say researchers at the state's Division of Criminal Justice.

It would be well worth the effort, says Chauncey Parker, director of criminal justice for the state. "Whenever we get DNA from a convicted offender, we run it against the 18,000 unsolved crimes, mostly rapes, and we have 2,400 hits so far. When we look at those hits, we find on average when [an arrestee] is convicted, it's [his or her] 12th conviction."

He cites the example of Raymon McGill arrested July 25 for attempted robbery. DNA testing linked Mr. McGill to two earlier murders and a rape, says Mr. Parker. He also notes that McGill had been arrested in 1999 for a misdemeanor.

Page: 1 | 2