Senate Announces Agreement On Criminal Justice Legislation

Senator Serphin R. Maltese joined Senate Majority Leader Joseph L. Bruno and his colleagues in Senate Majority Conference in praising several agreements reached that will protect innocent New Yorkers, punish criminals and make communities safer.  The agreements will expand the state's DNA databank, eliminate the statute of limitations for rape victims and increase penalties for drivers who flee police officers.
&#8220Throughout this session, we in the Senate have made criminal justice issues a priority and I am proud of the results we are delivering,” said Maltese, a former Assistant District Attorney and Deputy Chief of the Homicide Bureau. &#8220Enacting these new law enforcement tools  will make New York a much safer place to live.”
DNA Databank Expansion
The agreement on the DNA databank would triple the size of the existing database by including DNA samples from criminals convicted of all felonies and 18 common misdemeanors including:
Menacing in the 2nd and 3rd degrees
Reckless endangerment in the 2nd degree
Petit larceny
Stalking in the 3rd and 4th degrees
Unlawful imprisonment in the 2nd degree
Criminal trespass in the 2nd degree
Possession of burglary tools
Sexual abuse in the 3rd degree
Forceable touching
Endangering the welfare of a child
Endangering the welfare of an incompetent or
physically disabled person
&#8220It is only logical that expanding the  number of samples in the DNA databank will help police both prevent and solve more crimes,”Maltese said. ”In particular, the inclusion of petit larceny, which is one of the most common convictions in the State, will add DNA samples from thousands of criminals. If those criminals go on to commit bigger, more harmful crimes, they can now be more easily identified, caught, prosecuted and put in jail.”
Statute Of Limitations For Rape Victims
The Legislature agreed to eliminate the statute of limitations for the criminal prosecution of Class B felony sexual assault crimes including:
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.
In addition, the agreement will extend from one year to five years, the civil statute of limitations, giving rape victims a longer period of time to pursue legal recourse against their attackers.
&#8220Rape and sexual assault are brutal crimes that have a lifelong impact on a victim,” said Maltese.”If DNA evidence becomes available and proves they committed the crime, there is no reason why these criminals should escape prosecution merely because they were lucky enough not to get caught at the time.”
Unlawful Fleeing Of A Police Officer
This measure (S.7858) creates the felony offense of unlawful fleeing a police officer in a motor vehicle when a person, after being directed to stop by a police officer or having stopped at the officer’s direction, flees or attempts to flee that police officer by driving at a speed in excess of twenty miles over speed limit or engaging in reckless driving.
The bill is named after 25-year-old State Police Trooper Craig J. Todeschini of Onondaga County, who was killed in the line of duty by a speeding motorcyclist who failed to obey Trooper Todeschini’s directive to stop, resulting in a high speed chase in which his police vehicle crashed into a tree during the pursuit.  His family has been fighting for the Senate's bill to establish the Craig Todeschini Law to increase penalties on drivers who flee police officers. The agreement will 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.