-  24.02.01

Assembly Approves Bill On DNA Tests for Inmates

RICHMOND, Feb. 22

 -- A bill that would give death row inmates and other felons the right to appeal their convictions based on DNA evidence passed the General Assembly today and is headed to the desk of Republican Gov. James S. Gilmore III. Gilmore has not said whether he will sign the bill, but it passed unanimously in both chambers. Senate Bill 1366 would create a significant exemption in Virginia's "21-day rule," which bars appeals based on new evidence any later than three weeks after sentencing -- the shortest such deadline in the nation. The bill has received universal support in the General Assembly after the October pardon of former death row inmate Earl Washington Jr., who was freed after DNA testing cast serious doubt on his guilt. Some defense lawyers and death penalty opponents have called the bill too narrow, but it passed today after the Senate approved a House amendment expanding the number of felons who would receive additional rights to testing. "It's a! great step forward to restore the confidence people should have in their criminal justice system," said Sen. Kenneth W. Stolle (R-Virginia Beach), who led the fight for the bill as chairman of the bipartisan Crime Commission. "It was never intended to be a piece of legislation to address people's concerns who don't like the death penalty." The action came as Northern Virginia lawmakers kept up their push for a referendum to increase the sales tax in the region to raise billions of dollars for school and transportation projects. The bill was headed for negotiations between House and Senate leaders tonight at a time when several Republicans say Gilmore has signaled a new willingness to consider signing it. Budget issues dominated much of the action in the General Assembly today, but lawmakers found time to peek out the windows at the falling snow and to send several bills to negotiating sessions so the House and Senate could settle differences. Headed for negotiations tod!ay were a bill requiring students to recite the Pledge of Allegiance and a bill expanding access to emergency contraceptives. A "Stand by Your Ad" bill requiring candidates to appear prominently in their campaign ads was revived yet again on the House floor. Death penalty opponents expressed frustration after today's vote on the DNA bill. Earlier in the session, they had hoped to parlay horror at the Washington case into a moratorium on executions. They had also hoped for a bill allowing appeals based on evidence other than DNA, such as new witnesses or an exonerating photograph. Those efforts failed. "They want to say they fixed the death penalty, and they haven't," said Henry Heller, of Virginians for Alternatives to the Death Penalty. The version that passed today would give many more felons the right to request new DNA testing. If a test indicates innocence, the state Supreme Court could order an inmate's immediate freedom. The amendment approved today would extend! the right to DNA testing to those who pleaded guilty to felonies that carried a possible life sentence. Before the changes, the bill was so restrictive that "I don't think anyone would have been able to take advantage of it," said Del. Brian J. Moran (D-Alexandria), author of the amendment. The bill also would require the state to store biological evidence at its forensics lab, creating a repository for testing as technology improves. The Virginia Supreme Court also is considering changes to expand the right of death row inmates to make appeals after the 21-day deadline. Maryland's General Assembly, meanwhile, is considering bills that would require the state to provide post-conviction DNA testing to any inmate who can reasonably show that the test might prove his innocence. Another bill would limit the right to DNA testing to people who have been sentenced to die. On the Northern Virginia sales tax, Republican lawmakers say the governor has signaled in recent conve!rsations that he might approve their push to raise the region's sales tax if the General Assembly passes the bill. The shift comes as Gilmore is looking for leverage on his top priority -- eliminating the car tax on schedule. That effort remained deadlocked today in legislative negotiations. Gilmore administration officials, speaking on condition of anonymity, said the governor remains skeptical about any bill leading to a tax increase, but his opposition has softened in the face of pleading by Northern Virginia lawmakers. Administration officials privately predicted that the sales-tax bill could end up as a chip in budget negotiations. Gilmore spokeswoman Lila White said, "The governor has not decided how he will act on this bill, but he would find it very difficult to sign such a bill if the people of Northern Virginia were not getting their car-tax relief this year." Del. James H. Dillard II (R-Fairfax), who is a House budget negotiator and a supporter of the sales-!tax bill, said that in a private 20-minute meeting with Gilmore on Wednesday, the governor said he had an "an open mind" to the initiative. That is a shift both from his public comments before the legislative session began last month and from last year, when Gilmore vetoed a similar measure. "It was a good meeting," Dillard said today. Del. John A. "Jack" Rollison III (R-Prince William), a sometime Gilmore ally, said the governor promised "to take a fresh look" at the sales-tax initiative during a gathering at the Executive Mansion on Monday.

A bill that would give death row inmates and other felons the right to appeal their convictions based on DNA evidence passed the General Assembly today and is headed to the desk of Republican Gov. James S. Gilmore III.Gilmore has not said whether he will sign the bill, but it passed unanimously in both chambers. Senate Bill 1366 would create a significant exemption in Virginia's "21-day rule," which bars appeals based on new evidence any later than 3 weeks after sentencing -- the shortest such deadline in the nation.The bill has received universal support in the General Assembly after the October pardon of former death row inmate Earl Washington Jr., who was freed after DNA testing cast serious doubt on his guilt. Some defense lawyers and death penalty opponents have called the bill too narrow, but it passed today after the Senate approved a House amendment expanding the number of felons who would receive additional rights to testing."It's a great step forward to restore the confidence people should have in their criminal justice system," said Sen. Kenneth W. Stolle (R-Virginia Beach), who led the fight for the bill as chairman of the bipartisan Crime Commission. "It was never intended to be a piece of legislation to address people's concerns who don't like the death penalty."Death penalty opponents expressed frustration after today's vote on the DNA bill. Earlier in the session, they had hoped to parlay horror at the Washington case into a moratorium on executions. They had also hoped for a bill allowing appeals based on evidence other than DNA, such as new witnesses or an exonerating photograph. Those efforts failed."They want to say they fixed the death penalty, and they haven't," said Henry Heller, of Virginians for Alternatives to the Death Penalty.The version that passed today would give many more felons the right to request new DNA testing. If a test indicates innocence, the state Supreme Court could order an inmate's immediate freedom.The amendment approved today would extend the right to DNA testing to those who pleaded guilty to felonies that carried a possible life sentence.Before the changes, the bill was so restrictive that "I don't think anyone would have been able to take advantage of it," said Del. Brian J. Moran (D-Alexandria), author of the amendment.The bill also would require the state to store biological evidence at its forensics lab, creating a repository for testing as technology improves.The Virginia Supreme Court also is considering changes to expand the right of death row inmates to make appeals after the 21-day deadline.Maryland's General Assembly, meanwhile, is considering bills that would require the state to provide post-conviction DNA testing to any inmate who can reasonably show that the test might prove his innocence. Another bill would limit the right to DNA testing to people who have been sentenced to die.