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House passes factual-innocence bill allowing new evidence review, sends HB 307 to Senate

Utah House of Representatives · February 22, 2012
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Summary

The House unanimously passed HB 307 after adopting an amendment clarifying that new, clear, convincing evidence (including DNA) may be considered to vacate convictions; sponsor and supporters said the changes align the bill with its original intent to prevent wrongful incarceration.

House Bill 307, addressing factual-innocence procedures, passed the Utah House unanimously on Feb. 22 and will be transmitted to the Senate. Representative Dee sponsored the measure and moved Amendment #3, which the floor adopted. Supporters said the amendment restores the original legislative intent to permit a convicted person to present new, clear and convincing evidence (including DNA) that may demonstrate innocence.

Representative Dee said the aim of HB 307 is straightforward: "We don't want anyone incarcerated that's innocent," and that the amendments align the bill with parameters agreed upon by the working group and the Attorney General's Office. Representative Litvak spoke in support of the amendment, noting the bill addresses concerns she has followed and that it meets the working group's intent.

After the amendment was adopted, the House voted 73–0 in favor of HB 307, and the measure will be transmitted to the Senate for further consideration.