Prosecutors and defense attorneys agree on Wisconsin DNA evidence
legislation
by Cory Mason
Rep. Scott Walker and Sen. Gary George (two
individuals who often do not agree) drafted legislation regarding DNA
last year. The legislation is in drafting again this year, and the State
Bar Criminal Law Section is optimistic about its chances of passage.
The draft legislation would allow the prosecution to eliminate the
statute of limitation on rape if DNA evidence left by the perpetrator
exists. It also would allow the defense to use DNA evidence
post-conviction to prove or disprove a prisoner's actual innocence. In
addition, the legislation sets up standards for preserving DNA
evidence.
Minor changes still are needed to the draft legislation, but they do
not change the substance of the bill. The Criminal Law Section is hoping
that the bill will be introduced at the request of the State Bar
Criminal Law Section, the Wisconsin District Attorneys Association, and
the Wisconsin Association of Criminal Defense Lawyers.
The Criminal Law Section commends Sen. George and Rep. Walker for
their leadership and concern for equal access to justice and the truth
that this bill represents.
Cory Mason is a State Bar government relations coordinator. For more
information, he can be reached at (800) 444-9404, ext. 6128, (608)
250-6128, or
cmason@wisbar.org.
Wisconsin Lawyer
