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New York Needs Vast Criminal Justice Reforms

by Assemblyman Willis H. Stephens, Jr.

Since the voters of the 91st Assembly District sent me to Albany to represent their interests, it has been difficult, at times, to navigate meaningful legislation through the rough waters of the New York stare Assembly. I believe that politicians sometimes get caught up in their own egos and choose a path that will best further their political careers instead of doing what is right for their constituents. This way of governing leaves many feeling a sense of disenchantment with their local, state or federal government.

We, as lawmakers, can no longer stand idle and allow the innocent to continue to pay the price for the petty bickering that breeds bipartisanship and blocks legislation that would benefit New York residents.

We now have a chance to come together and put all the negativity of the past behind us -governing the way our Founding Fathers intended.

I ask my colleagues on both sides of the aisle to join me in supporting Gov. Pataki’s proposed comprehensive legislative package calling for sweeping criminal justice reforms that will keep New York residents safe.

The governor’s reform package includes:

* Ending the Statute of Limitations - All Class B violent felonies, including first-degree rape, first-degree manslaughter, first-degree assault and first-degree robbery would no longer be subject to the statute of limitations. Currently, state law imposes a five-year statute of limitations on the prosecution of felony offenses, with exceptions for the Class A felonies of murder, first-degree arson and first-degree kidnapping-

* Expanding the DNA Databank -This would expand New York’s DNA databank to require all felons, as well as all Class A and Class B misdemeanor offenders, to submit a DNA sample upon conviction. In effect, the proposal would require that DNA samples be collected after a conviction in any case in which police now take fingerprints.

* DNA and Missing Persons - In New York state there are roughly 36,000 reports of missing persons each year. Although most of these individuals return safely, the use of an expanded DNA databank would increase the ability to name unidentified human remains-

* The DNA Review Committee and Post-Conviction Testing - This committee would review cases in which a conviction was set aside because of new DNA evidence, and analyze the full implications of DNA technology to the criminal justice system in New York state. The committee would be empowered with the authority to review cases and to suggest appropriate legal or procedural changes to prevent the recurrence of such injustices.

I feel, and I think you will agree, the people of New York deserve the same level of protection as residents of other states where these measures have already been enacted and I will continue to advocate for these measures here in Albany.



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