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The current law places a high burden on testing which may prevent exculpatory evidence from being properly examined and uncovered.
This specific chapter in statute “Motion for Forensic DNA Testing” was created in 2001 due to advances in forensic DNA analysis and has since exonerated 41 individuals within Texas. Prior to this addition there were only 7 DNA related exonerations. This bill would broaden the scope of items that would be considered for DNA analysis and would allow scientific advancements in DNA analysis to release innocent inmates from prison. We support this bill for promoting individual liberty.
To understand the liberty-affirming impact of this bill one only need to consider the recent case of Williamson County's own Michael Morton who spent 25 years in prison after being wrongfully convicted of murder only to finally have his conviction overturned due to DNA evidence. A government that is limited will take reasonable measures and precautions to protect against wrongful convictions and, in the event of a conviction, to examine new evidence that "has a reasonable likelihood" of leading toward the exoneration of the wrongfully convicted.