New York, NY —

Governor Pataki has ordered an expansion of the state's DNA criminal database. WNYC's Kathryn Herzog reports.

Pataki wants the database to include all felonies and misdemeanors, adding up to 40 thousand more criminals to the system. Prosecutors could then require a DNA sample as a condition of a plea bargain. The state Parole Board could require DNA as a condition of parole.

Pataki has pressed for legislation to expand the database, citing the tendency of petty criminals to later commit more serious and violet crimes. The Assembly and Senate have failed to come to agreement on the bill, so Pataki says he had to order an expansion.

But some Assembly members say its a matter of privacy. They fear people suspected near crime scenes would have their DNA stored - even if they're never charged with a crime. The governor's plan must still be approved by the state Commission on Forensic Science.