United States Senator Dianne Feinstein

Washington, DC - The U.S. Senate Judiciary Committee today approved compromise legislation sponsored by Senators Dianne Feinstein (D-Calif.), Patrick Leahy (D-VT), Arlen Specter (R-PA), and Joseph Biden (D-DE) to provide prisoners with greater access to DNA testing and develop standards for competent legal counsel in capital cases.

Senator Feinstein introduced a bill on this issue early last year to end a stalemate between Judiciary Committee Chairman Orrin Hatch (R-Utah) and Ranking Member Patrick Leahy (D-Vermont) and resolve the differences between bills the two have introduced on this issue. Senator Specter also introduced a bill in May of this year.

"Each of the bills introduced had the same basic objective of protecting the innocent, but each bill addressed the problem in different ways," Senator Feinstein said. "I think this compromise represents the best of all the bills - legislation that will address the real problems out there without over-burdening states or allowing the guilty to game our criminal justice system."

Authorizes DNA testing where there is scientific potential to produce new evidence that is material to the applicant's claim of innocence, and that raises a reasonable probability that he or she would not have been convicted.

Prohibits the destruction of biological evidence in a criminal case while a defendant remains incarcerated, absent prior notification to the defendant of the government's intent to destroy the evidence.

Makes the receipt of federal of grants to States conditional on assurances that the State will adopt adequate procedures for preserving DNA evidence and making DNA testing available to inmates.

Authorizes a five year, $350 million grant program administered by the Department of Justice (DOJ) to improve the quality of legal representation provided to indigent defendants in State capital cases. States that choose to accept federal funds agree to create or improve an effective system for providing competent legal representation in capital cases.

Ensures that a defendant who is granted certiorari by the Supreme Court (an action requiring four affirmative votes by qualified Justices), but who is not granted a stay of execution by the Court (an action requiring five affirmative votes), is not executed while awaiting review of his case.

Encourages qualified individuals to enter and continue employment as prosecutors and public defenders by establishing a program to repay Stafford loans for both prosecutors and defenders who agree to work as public attorneys.

"When an innocent person is sentenced to jail, it undermines the public's confidence in the criminal justice system," Senator Feinstein continued. "This legislation will serve as a powerful tool to protect innocent prisoners and defendants and, thereby, help restore the integrity of our judicial system."



	Senate Judiciary Committee Approves Compromise Legislation that Provides Access to DNA Testing for Prisoners and Competent Counsel for Capital Defendants July 18, 2002 Washington, DC - The U.S. Senate Judiciary Committee today approved compromise legislation sponsored by Senators Dianne Feinstein (D-Calif.), Patrick Leahy (D-VT), Arlen Specter (R-PA), and Joseph Biden (D-DE) to provide prisoners with greater access to DNA testing and develop standards for competent legal counsel in capital cases. Senator Feinstein introduced a bill on this issue early last year to end a stalemate between Judiciary Committee Chairman Orrin Hatch (R-Utah) and Ranking Member Patrick Leahy (D-Vermont) and resolve the differences between bills the two have introduced on this issue. Senator Specter also introduced a bill in May of this year. "Each of the bills introduced had the same basic objective of protecting the innocent, but each bill addressed the problem in different ways," Senator Feinstein said. "I think this compromise represents the best of all the bills - legislation that will address the real problems out there without over-burdening states or allowing the guilty to game our criminal justice system." Specifically, the legislation: Authorizes DNA testing where there is scientific potential to produce new evidence that is material to the applicant's claim of innocence, and that raises a reasonable probability that he or she would not have been convicted. Prohibits the destruction of biological evidence in a criminal case while a defendant remains incarcerated, absent prior notification to the defendant of the government's intent to destroy the evidence. Makes the receipt of federal of grants to States conditional on assurances that the State will adopt adequate procedures for preserving DNA evidence and making DNA testing available to inmates. Authorizes a five year, $350 million grant program administered by the Department of Justice (DOJ) to improve the quality of legal representation provided to indigent defendants in State capital cases. States that choose to accept federal funds agree to create or improve an effective system for providing competent legal representation in capital cases. Ensures that a defendant who is granted certiorari by the Supreme Court (an action requiring four affirmative votes by qualified Justices), but who is not granted a stay of execution by the Court (an action requiring five affirmative votes), is not executed while awaiting review of his case. Encourages qualified individuals to enter and continue employment as prosecutors and public defenders by establishing a program to repay Stafford loans for both prosecutors and defenders who agree to work as public attorneys. "When an innocent person is sentenced to jail, it undermines the public's confidence in the criminal justice system," Senator Feinstein continued. "This legislation will serve as a powerful tool to protect innocent prisoners and defendants and, thereby, help restore the integrity of our judicial system." ###