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Texas Legislation Would Give Inmates Access to DNA Testing

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From Associated Press

A week after Gov. George W. Bush delayed an execution to give a death row inmate time for new DNA tests, legislators promised to pursue a law that would give inmates access to the tests during appeals.

If the legislation is approved next year, Texas would join New York and Illinois in permitting DNA testing during appeals.

Touting DNA as “an incredible tool in the fight for justice,” Democratic state Sen. Rodney Ellis said his proposal will include a provision allowing post-conviction DNA testing of evidence if identity was an issue at trial.

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“If the state is to administer the ultimate penalty--the death sentence--then Texas law must allow for this important technology to be used in appeals,” he said Thursday.

Republican state Sen. David Sibley, a former prosecutor, joined Ellis in backing the DNA measure. “I think most fair-minded people in the United States and the state of Texas would not object to all evidence being tested, and especially if it might prove that we have the wrong person in prison,” Sibley said.

Bush, the presumed Republican presidential nominee, has drawn criticism for overseeing the busiest execution chamber in the nation. Last week, he issued a 30-day stay of execution to convicted killer Ricky Nolen McGinn so a DNA test could be performed in his case. It was Bush’s first such move since he became governor in 1995.

Bush spokesman Mike Jones said it is too early to say whether the governor would back the post-conviction DNA testing bill.

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