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Senate OKs post-conviction DNA tests

CONNING CHU Associated Press writer | Posted: Thursday, February 21, 2008 12:00 am

CHEYENNE - Wyoming inmates could be exonerated with DNA testing if the Senate passes a bill that would allow inmates to take DNA tests to try to prove their innocence.

The Senate gave preliminary approval Thursday to the bill, which would need two more approval votes in the Senate before heading to the House for consideration.

Current Wyoming statutes allow DNA profiles to be submitted as evidence at trial. Also, the Wyoming Department of Corrections takes inmates' DNA upon incarceration, but gets rid of that information after inmates are paroled or otherwise finish their prison sentences.

This bill would preserve inmates' DNA profiles for a minimum of five years, provided that they are not released from prison sooner than that.

The Senate amended the bill to eliminate a section that would have allowed police to take DNA from people who are not suspects in a crime.

Sen. Tony Ross, R-Cheyenne, presented the bill, which is sponsored by the Judiciary Committee. Ross said the bill proposed taking DNA from people before they become suspects as a way for police to narrow down the pool of possible offenders.

Ross said state attorneys said that would be unconstitutional.

Sen. Bob Fecht, R-Cheyenne, said the bill would significantly increase the number of entries from Wyoming into a national DNA database. Fecht also said DNA testing would cost money and the state would have to bear those costs in many cases.