From the National Conference of State Legislatures:

The certainty provided by DNA technology has prompted legislators in 25 states to pass laws to allow DNA testing after a conviction, under certain conditions.

Laws vary as to which offenders are allowed post-conviction testing, who pays for the test and whether evidence susceptible to DNA testing must be preserved.

Delaware, Florida, Idaho, Illinois, Maine, Minnesota, New Mexico, New York, North Carolina, Texas and Virginia allow those convicted of any crime to request DNA testing. Arizona limits petitions to those convicted of felonies, as do California, Louisiana, Michigan, Oklahoma and Utah. Some states, including Missouri, Nebraska and Washington, restrict testing to those presently incarcerated or in the custody of the state's department of corrections. And still other states, such as Indiana, Maryland, Oregon and Tennessee, limit testing to those convicted of certain felonies. Connecticut's law allows the use of newly discovered DNA evidence as a basis for obtaining a new trial.

Not all measures mention who pays for the testing. The majority of states that address cost allow the court to order the petitioner to pay for the DNA test. Exceptions, including the ability to pay and whether the petitioner is incarcerated, can shift the cost to the state.

These measures depend upon the quality and availability of forensic evidence, making preservation and storage of DNA evidence an issue before legislatures, as well. Arizona, Indiana, Tennessee and Utah require that evidence be preserved while the post-conviction proceeding is pending. Laws in Florida, Illinois, Louisiana, Maryland, Virginia and Washington require that evidence be retained for a certain time. California, Michigan, Nebraska, North Carolina, Oklahoma and Texas require evidence be kept during the entire incarceration period. Florida, Texas and Virginia retain evidence in capital cases until the sentence has been executed.

Legislation also is addressing standards for storage and what evidence must be preserved. Under a Virginia bill passed this year, evidence must be preserved under standards set by the Department of Criminal Justice Services. The measure also allows preserving samples of the evidence if storage of the entire amount is impractical and bans appeals when testing is denied. North Carolina and Oklahoma also permit representative samples. Other states allow destruction of evidence after the defendant has been notified.

The power of DNA to exonerate has captured the attention of Congress, as well. An Innocence Protection Act has been introduced in both houses, and would require states, in order to receive federal money from the DNA Analysis Backlog Elimination Grant to certify that DNA tests are available to individuals convicted of certain crimes and that evidence has been preserved.

We need Congress to pass the Innocence Protection Act. Contact your Congresspersons and Senators now. With over 265 bipartisan sponsors in Congress, the bill is being held hostage by a few Republicans, most notably Utah Senator Orrin Hatch. Let Hatch and your elected officials know this is an issue of importance to you. Help get this act passed.