Victory for Justice

July 4, 2002

Senate Bill 589 passed the Senate 50-0 on June 28, 2002, and passed the House later that afternoon 201-0. It was signed in the House on July 1, 2002.

The Bill Senator Greenleaf, and 27 others, put in the hopper on January 22, 2001 provided that:

Ø any offender had the right to request that crime scene DNA be tested against their own.

Ø The test results would be equally available to both the prosecution and the defense.

Ø If the offender requested the test, they would be responsible for paying the cost. If they were indigent, the cost would be assumed by the Commonwealth.

Ø Testing could be available regardless of the date of the offense.

This Bill passed the Senate, 50-0, on June 28, 2001.

While the Bill was in the House, Governor Schweiker asked for an amendment to make the test results available to law enforcement databases in the investigation of other crimes or offenses.

The Bill languished in the House Judiciary Committee until mid-June when abolitionists from all over the Commonwealth called on House Majority Leader, John Perzel, to bring it to the floor.

Seven amendments were offered, but the Bill endured. The one that was signed on Monday was substantially the same as the one Senator Greenleaf introduced, plus Governor Schweiker's amendment.

This is a major victory for justice. This, most current, forensic technique is now equally available to all parties. DNA evidence is found at about 10% of all crime scenes. About 101 people have been released when the evidence showed they were wrongly convicted. Still, 60% of the test results further implicate the accused. Some have abandoned their appeals when the test results clearly fingered them.

The cost of the tests have been dropping as the technology improves. What cost $5,000 in 2000, is now down to between $800 and $1,200.

One state (Kansas) is now filing charges against the owner of a DNA found at the crime scene, even before the offender is named. This filing procedure surmounts any statute of limitations which the offense might have.

Criminal investigation, and criminal defense are coming into the 21st Century.