Legal Commentary

Ohio Enacts Law to Protect the Innocent

By Jeralyn

Ohio Governor Ted Strickland yesterday signed into law a DNA bill to protect the innocent. It is viewed as one of the most progressive in the nation.

Senate Bill 77... sets statewide standards for retaining biological evidence, requires the taking of DNA from anyone arrested on a felony charge and requires new procedures for suspect lineups.

The Ohio Innocence Project is impressed:

Leaders of the Ohio Innocence Project, based at the University of Cincinnati, said that in terms of impact, the bill is the most significant accomplishment in the organization's seven years of existence.

"Ohio is truly the national leader on innocence reforms and will be the role model other states look to as they contemplate similar measures in the coming years," said Mark Godsey, director of the Innocence Project.

Among the law's provisions: [More...]

• Requires law-enforcement agencies to retain biological evidence for up to 30 years in murder and sexual-assault cases. The limit is five years when a defendant pleads guilty.

• Requires DNA samples be taken from anyone convicted of a felony after July 1, 2011

• Opens DNA testing to parolees and those on the sex-offender registry.

• Mandates blind suspect lineups, in which the officer presiding either does not know the identity of the true suspect or uses a photo-lineup technique in which only the witness can see pictures placed in folders.

• Gives an incentive for law-enforcement officials to record interrogations.

The text of the bill is here.

Full post as published by TalkLeft on April 06, 2010 (boomark / email).