Wisconsin Lawyer: Wisconsin Lawyer April 2001: Prosecutors and defense attorneys agree on Wisconsin DNA evidence legislation:

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April 01, 2001

Wisconsin Lawyer April 2001: Prosecutors and defense attorneys agree on Wisconsin DNA evidence legislation

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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 New Genetic World and the Law Convention Session Focuses on DNA Testing

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.