This Bill passed the Senate 26-0 and House 74-0.
Libertas Institute supports this bill.
DNA testing has become vital to the criminal justice system as a means for those falsely accused to be proven innocent. Post-conviction DNA testing has exonerated many who have been placed behind bars in error.
Senator Lyle Hillyard’s Senate bill 76 expands the opportunities for post-conviction DNA testing by making it a little bit easier for someone to petition for DNA testing once they have been convicted.
SB 76 lowers and clarifies the standard for DNA testing by allowing someone to petition for DNA testing on the grounds that if DNA testing were used, they would have not been convicted or would have received a lesser sentence. This goes beyond the current “factual innocence” standard. The bill also offers new protections for potentially innocent people whose original lawyer failed to request DNA testing even though it was available.
