Senators support DNA test legislation

Published: Friday, June 09, 2000

AUSTIN {AP} Amid national scrutiny of the Texas justice system, two state senators announced Thursday they'll push for a law giving inmates access to post-conviction DNA testing.

If lawmakers approve the legislation next year, Texas would become the third state to permit DNA testing during the appellate process. The other two states are New York and Illinois.

The move to give Texas inmates additional access to the scientific testing comes a week after Gov. George W. Bush agreed to give death row inmate Ricky Nolen McGinn a 30-day stay of execution so a new DNA test could be performed.

The reprieve was the first since Bush became governor in 1995.

Touting DNA as "an incredible tool in the fight for justice," state Sen. Rodney Ellis, D-Houston, who was acting governor the day of McGinn's reprieve, announced a package of justice system reform proposals.

Ellis said his package will include a provision allowing post-conviction DNA testing of evidence if identity was an issue at trial.

"If the state is to administer the ultimate penalty the death sentence then Texas law must allow for this important technology to be used in appeals," Ellis said.

His proposal also calls for the preservation of evidence during an inmate's incarceration.

Sen. David Sibley, R-Waco, joined Ellis backing the DNA measure.

"I think most fair-minded people in the United States and the state of Texas would not object to all evidence being tested, and especially if it might prove that we have the wrong person in prison," said Sibley, a former prosecutor.

"One of the things that we ought to stand for in the state of Texas is simple fairness," he said.

Bush spokesman Mike Jones said Thursday it is too early to say whether the governor would back the post-conviction DNA testing law the senators are proposing.