ALBANY – After Governor Pataki warned lawmakers that he would order them back to Albany for a special session if he didn’t get an agreement on expanding the state’s criminal DNA database, Democratic lawmakers are floating a new bill that broadens the scope of samples collected but falls short of the governor’s demands.

Assembly Democrats are considering a bill that would require the state to collect DNA samples from people convicted of any felony and from people convicted of an expanded list of misdemeanors.

Democrats are proposing a database that would be less comprehensive than the one backed by Mr. Pataki and Senate Republicans, who have passed a bill that would require the state to collect DNA profiles from all convicted criminals. Democrats say their bill strikes a proper balance between helping authorities solve more crimes and protecting the civil liberties of New Yorkers. Mr. Pataki said the Assembly’s bill only protects criminals and said he was baffled by its resistance.

He called a special press conference yesterday to express his concerns, faulting the Assembly for excluding misdemeanor offenses that are most frequently committed by career criminals. “Quite simply,” Mr. Pataki said, “it’s not good enough.”

Under the Assembly’s bill, the state would not collect DNA samples in most misdemeanor cases.

It would require that DNA profiles be taken of those convicted of misdemeanors involving violence, threats of violence, menacing or stalking behavior, and offenses against children. Democrats have expressed fear that a further widening of the DNA net would risk turning innocent people into suspects.

Mr. Pataki pointed to statistics that he said show a major hole in the Democrats’ plan.

The DNA database has been used to solve thousands of cold cases by matching samples to perpetrators whose identity had eluded authorities. In more than nine out of 10 “cold hits” cases, the captured criminal has a prior petty larceny conviction. More than 60% of the time, the criminal has a prior drug possession conviction. The Assembly has excluded those offenses from its bill.

The governor and Senate Republicans’ proposal would increase the number of samples in the databank to 80,000 from 20,000 in the first year. Six other states in America require samples of all convicted criminals, the governor’s office said.

While Assembly Democrats have stressed a desire to protect civil liberties, the Assembly’s bill memo argues that expanding the database any further would cause the system to be flooded and stretch the state’s ability to collect DNA samples beyond its limits. Mr. Pataki disagreed, saying the state is spending $20 million this year so it can collect and store tens of thousands of more samples.

Taking advantage of new technology, New York established a DNA database in 1994 and has periodically added criminal offenses to its collection list. It now takes DNA samples from those convicted of felony and misdemeanor sex crimes, felony crimes of terrorism, felony hate crimes, and several other violent felonies, according to the New York State Commission of Investigation.

In this final week of session, the governor appears to be spending his remaining political capital on expanding the DNA database.

If the Assembly doesn’t agree to a plan he finds suitable by the end of session, the governor’s office has said he would use his constitutional powers to convene the Legislature later this year and force it to reconsider the issue.

The crime-fighting measure has emerged as the top priority for a governor who has seen many other pieces of his political agenda sidelined by lawmakers.

Lawmakers say a proposal to lift the cap on the number of charter schools in the state is virtually off the table – at least for the rest of this session. It would be the governor’s second defeat on the issue of school choice this year. Lawmakers in their budget agreement last spring also rejected the governor’s plan to give parents an education tax credit to help pay for private school tuition or tutoring for their children.

Mr. Pataki suggested yesterday that an expansion of the DNA database would be one of his most important legacies.

Also yesterday, Mr. Pataki said he would sign legislation that would increase penalties against drunk drivers.

The Legislature passed a bill that would, among other things, extend the driver’s license revocation period and increase penalties for those driving with blood alcohol content of .18 or higher and for drunk drivers who commit vehicular manslaughter.