LEGISLATION
There has been a major global shift in criminal justice legislation over the
past decade, in large part due to the phenomenon of DNA exonerations and
innocent people being freed from death row. It is clear that the problem of
wrongful convictions has played, and will continue to play, a significant role
in reforming criminal justice systems.
Click for:
Model Statute For Obtaining
Postconviction DNA Testing
Click for:
Legislative Briefing Memorandum
USA LEGISLATION INFORMATION
Until recently, in the US, only New York and Illinois had legislation providing
a right of access to postconviction DNA testing. Over the last four years, more
than thirty other US states have enacted such laws, with new bills expected to
be introduced in a number of states this fall. This Legislation section provides
summaries and links to state statutes, and will track new DNA testing and
related legislation as it is introduced.
Because not all US states have postconviction DNA testing laws and many existing
laws are flawed, the Innocence Project USA has long urged US Congress to adopt
federal legislation that would provide national access to postconviction DNA
testing, eliminate unrealistic sunset provisions, and address generally the
problem of wrongful convictions, as addressed in our legislative briefing
memorandum and our Model Statute For Obtaining Postconviction DNA Testing. We
will provide support to lawmakers, exonerated inmates, and crime victims working
toward this goal.
In the US, on October 1, 2003, The Innocence Protection Act (IPA) of 2003 was
introduced in the 107th Congress, as part of a larger bill called the Advancing
Justice Through DNA Technology Act. This groundbreaking bill would grant any
inmate convicted of a federal crime the right to petition a federal court for
DNA testing to support a claim of innocence. It also encourages states - with
the power of the purse - to adopt adequate measures to preserve evidence and
make postconviction DNA testing available to inmates seeking to prove their
innocence.
In the US, on November 2003, the Advancing Justice Through DNA Technology Act
(HR 3214) passed the House of Representatives with an overwhelming 357-67 vote.
It is now pending before the Senate, where the bill already has strong support.
In the US, the IPA also would establish the Kirk Bloodsworth Postconviction DNA
Testing Program, which would provide $25 million to help states defray the costs
of post-conviction DNA testing under the act. The program is named after
Innocence Project client Kirk Bloodsworth, who, in 1993, became the first death
row inmate in the nation to be exonerated by post-conviction DNA testing.
Other important provisions include helping the States in the 40 death penalty
jurisdictions across the country to create effective systems for the appointment
and performance of qualified counsel, together with better training and
monitoring for both the defense and the prosecution. In addition to the
Innocence Protection Act, the bill provides substantial funding to the states
for increased reliance on DNA testing in new criminal investigations. The
Innocence Project also successfully fought for the inclusion of mandatory
independent external investigations of state and local crime labs where there
are serious allegations of misconduct or gross negligence.
Earlier versions of the IPA were introduced in Congress in 2001 and 2002, and
both were endorsed by a majority of the Senate Judiciary Committee. Despite
strong bi-partisan support in both houses of Congress, the IPA was never brought
before the House or the Senate for a full vote. Given the even broader support
that the 2003 version of the IPA has received, the likelihood of passage is the
better than ever, especially if Members of Congress hear from their constituents
who support the bill.