Senator Ellis Press Release

For Immediate Release
April 17, 2013
Contact: Jeremy Warren, 512-463-0113

Senate Passes Ellis DNA Reform Bill

SB 1292 ensures all DNA evidence is collected and tested prior to trial in any capital case

(Austin, Texas)—The Texas Senate today unanimously passed reform legislation by Senator Rodney Ellis (D-Houston) to reduce wrongful convictions and increasing confidence in Texas' criminal justice system. The legislation now goes to the House for consideration.

The committee passed SB 1292, which will ensure all relevant DNA evidence in death penalty cases is collected and tested prior to a trial. The legislation is a collaborative effort between Texas Attorney General Greg Abbott and Senator Ellis to create a more fair, reliable and just Texas criminal justice system.

"This modest but vitally important reform will help reduce the possibility that the ultimate mistake is made with someone receiving the ultimate penalty," said Ellis. "The fact of the matter is that we have already dodged just such a bullet thanks to advocates for the wrongfully convicted."

SB 1292 requires the state to test, prior to trial, all DNA biological evidence that can reasonably be used to either establish the identity of the person who may have committed the crime or exclude someone as having committed the crime. It applies in any capital offense where the state is seeking the death penalty and clarifies that the State or an accredited lab shall pay for all the DNA testing performed in accordance with the bill.

DNA testing has been key to the release of hundreds of those wrongfully convicted in Texas and across the country. For instance, Anthony Graves spent 16 years on death row for a murder he did not commit. Overall there have been 303 post-conviction DNA exonerations across the nation. Of those, 18 served time on death row. Another 16 were charged with capital crimes but were spared a death sentence.

"We know that, sometimes, we get the wrong person," said Ellis. "The Michael Morton case and dozens of examples are painful reminders of that fact. SB 1292 will ensure we avoid both the possibility of the wrong person serving years on Death Row and the far worse specter of putting to death an innocent person."