Assemblyman Joseph D. Morelle (D-Irondequoit) today announced legislation (A.9425) requiring that DNA samples be collected from suspects arrested for major felony crimes in New York, a procedure currently only allowed upon conviction. Morelle was joined by Jayann Sepich, mother of a murder victim and leader of the effort to pass similar laws nationally, as well as District Attorney Mike Green, Rochester Mayor Robert Duffy, and local victims' rights advocates.
 
Morelle's bill is patterned after "Katie's Law," named in memory of Katie Sepich, whose brutal murder in 2003 highlighted a dangerous gap in the criminal justice system's approach to gathering evidence in felony cases.
 
"It was three years before Katie's assailant was brought to justice even though he was arrested shortly afterward for another crime," Morelle said. "No DNA was taken from him in relation to that arrest, and if it had been the match to the evidence in Katie's case would have occurred much earlier. National studies have proven definitively that sampling of arrested suspects could have prevented dozens of rapes and murders and brought thousands of cold cases to conclusion.
 
"With this bill, we close a loophole and provide the police and courts with a powerful new tool, and in a manner that preserves the constitutional rights of the accused." 
 
In 2007, Morelle was a strong supporter of an expansion of New York's DNA database to include individuals convicted of certain misdemeanors. Today, the database holds more than 30,000 samples relating to crime scenes, and has resulted in forensic "hits" in more than 8,000 cases.
 
"Katie's Law" is also being carried in the state Senate by Sen. Jeffrey D. Klein (D-Bronx).
 

Katie Sepich was a 22-year-old graduate student at New Mexico State University in 2003 when she was murdered by Gabriel Avilla. When DNA from the crime scene failed to match any on record, Jayann and her husband, Dave, were shocked to learn that most states don't allow DNA collection at the time of arrest.
 

"For all the families touched by the tragedy of violent crime, and in view of all the tragedies that might be prevented through the gathering of DNA evidence," said Jayann Sepich. "I hope that New York will join the growing number of states that have adopted 'Katie's Law', and I am grateful to Assemblyman Morelle for his commitment to this issue and for inviting me to share in this moment."
 
"I strongly support legislation that requires the collection of DNA at the time of arrest," District Attorney Green said. "Assemblyman Joe Morelle has been a great advocate for law enforcement in this area, and I want to commend him for recognizing and advocating what we have long known, that expanded DNA collection enhances our ability to solve crimes and protect the people of our state. We believe that this issue is so important that the legislature should consider it as stand-alone legislation," 
 
"DNA evidence is one of the most valuable tools available to law enforcement today, because it protects the innocent as much as it helps prosecute the guilty," said Mayor Duffy.  "I fully support the collection of DNA samples from anyone arrested for or convicted of a felony." 
 
Morelle emphasized that the DNA information collected under Katie's Law will not be provided to agencies outside of law enforcement, and that federal courts have upheld the statute upon challenge by the American Civil Liberties Union and other groups. He also noted that increased use of DNA material can be useful in exonerating the innocent.
 
"This is not an infringement of rights, but rather an enhancement of our ability to protect the public from dangerous offenders who otherwise might slip through the system," Morelle said. "I want to thank Jayann and Dave Sepich for their courage and selfless devotion in the aftermath of tragedy, and urge my colleagues and the governor to make this proposal law in New York State."
 
Please use the following links to learn more about "Katie's Law":