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Committee OKs date fix to expand post-conviction DNA testing access for some earlier cases
Summary
Lawmakers advanced Senate File 101 to change a statutory cutoff date so people convicted shortly before the law passed can seek post-conviction DNA testing; an attorney representing an incarcerated man urged the change as a fairness fix.
The House Judiciary Committee voted to advance an amendment to Senate File 101 that would adjust a statutory date and expand access to post-conviction DNA testing for people convicted before the original cutoff.
Senator Bill Landon, sponsor of Senate File 101, said the change fixes an anomaly created when Wyoming adopted post-conviction DNA-testing rules after federal legislation tightened standards. "What we do on page 2 is we simply move that date to 02/2008 to correspond with the date that Wyoming passed the law," Landon said, describing the change as a narrow, technical correction.
Emily Madden, the attorney who asked Landon to file the bill, told the committee she represents Eddie Magallanes, a man serving a life sentence who, she said, has untested DNA evidence that could prove his innocence. Madden explained the current statute contains a due-diligence cutoff tied to February 2008 that prevents people convicted before that date from seeking court-ordered testing under the post-conviction act. She urged moving the cutoff to July 1, 2008, the day the act became law, so those convicted before the statute’s original date would not be foreclosed from seeking testing in cases that meet the act’s rigorous standards.
Madden argued the change is unlikely to produce a flood of petitions; she said Wyoming has seen only one exoneration under the statute since its passage. She also noted the relative cost of testing compared with the costs of wrongful incarceration.
Committee members raised a technical wording concern about the cutoff language; Representative Webb and Representative Kelly brought a narrowly tailored amendment to add the words "on or" to clarify the effective date language. The committee approved the amendment by voice vote. On the roll call, the committee voted 9-0 to pass the bill as amended; Representative Chestic moved, and Representative Feiler seconded.
The sponsor asked the committee to carry the measure forward to the floor; the committee agreed to advance the amended bill for further consideration.
Votes at a glance
- Senate File 101 — Motion to advance the bill (as amended): moved by Representative Chestic, seconded by Representative Feiler. Tally: 9 ayes, 0 nos. Outcome: Do pass, amended.
