Senate to consider DNA bill

By BARBARA HOBEROCK World Capitol Bureau on Apr 8, 2013, at 2:23 AMUpdated on 4/08 at 7:44 AM

A Senate committee last week unanimously advanced House Bill 1068, dubbed the "Post-conviction DNA Act," by Rep. Lee Denney, R-Cushing, and Sen. Jim Halligan, R-Stillwater.

"Oklahoma is the only remaining state that doesn't have such an option," Halligan said. "Although our criminal justice system does its very best and I am very supportive, any system occasionally makes mistakes."

The measure would apply to a person claiming innocence who was convicted of a violent felony or who received a sentence of 25 years or more.

Under the measure, the person could petition the sentencing court for DNA testing. The attorney representing the state would have 60 days to respond to the motion. The sentencing court would then hold a hearing to determine whether DNA forensic testing would be ordered.

The court would order DNA testing if:

If the results of the forensic DNA testing are favorable to the petitioner, the court would hold a hearing to determine the appropriate relief. The options for relief range from vacating the sentence to a new trial to release from custody, among other things.

"I am very much in favor of any legislation that has the potential to free even one person that might have been wrongfully convicted," said Tulsa County Public Defender Jack Zanerhaft.

Drew Edmondson served four terms as attorney general and three terms as Muskogee County district attorney. The Oklahoma City attorney chaired a panel put together by the Oklahoma Bar Association called the Justice Commission, which spent two years studying wrongful convictions and making recommendations.

It has endorsed the legislation, he said.

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Senate to consider DNA bill