A plan to expand the state's DNA database is starting to take shape at the Capitol. Governor Cuomo called for the expansion in his state of the state address and a bill passed the Senate this week. But some democrats in the Assembly want to see changes before they get on board this train. YNN's Zack Fink reports.

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NEW YORK STATE -- The state's DNA database was first created in 1994. At first, it was only used by law enforcement for violent felonies. But since then, it has been expanded to include more crimes and in 2006, some misdemeanors were added.

"We’ve made a difference in family’s lives. And we've saved lives. And that's what's important about this DNA tool. It gives and additional tool to law enforcement to get these bad guys off the street," State Senator Marty Golden said.

Now, a bill making its way through the legislature would expand it even further to include the rest of the misdemeanors, including criminal trespass and criminal possession of stolen property. But democrats in the Assembly say the bill that passed the Senate Tuesday, is missing an important piece.

"We don't allow equal access to the prosecution and the defense. Or to the innocent person who wants to prove his innocence. And my bill does simply that. It provides fairness," State Assemblyman Joe Lentol said.

There is little dispute about the success of the DNA database. More than 10,000 crimes have been solved since its creation, including 900 murders and 3,500 sex assaults. But Governor Andrew Cuomo would like to see a bill that's closer to the Assembly version.

"The specific proposals raise procedural and evidentiary questions on how and trial and an investigation is conducted. But do I understand the Assembly's basic point that this is a tool that should be used to prove innocence also? Yes," Cuomo said.

When the database was expanded in 2006, some had suggested including all misdemeanors. But concerns were raised that crime labs would be overwhelmed. Now lawmakers say those labs are caught up.