Sen. Rodney Ellis, D-Houston, c, discusses SB 1292 on pre-trial DNA testing March 19, 2013 with Sen. Robert Duncan, l, and Attorney Gen. Greg Abbott.
Sen. Rodney Ellis, D-Houston, c, discusses SB 1292 on pre-trial DNA testing March 19, 2013 with Sen. Robert Duncan, l, and Attorney Gen. Greg Abbott. Marjorie Kamys Cotera

A bill that would require DNA testing of relevant evidence before trial begins in death penalty cases sailed through the Texas House Tuesday on a unanimous vote, setting it up for a final vote before heading to the governorโ€™s desk.

Senate Bill 1292, by state Sen.ย Rodney Ellis, D-Houston, would require that laboratories run by the Department of Public Safety complete the testing of โ€œall biological evidence that was collected as part of an investigationโ€ before a defendant is tried for a capital offense.

Ellis,ย a chairman of the board of the nationalย Innocence Project, said in a statement that the measure was a โ€œmodest but vitally important reform” that would will reduce the risk that the state could make “the ultimate mistake” by executing an innocent person.ย 

DNA testing sometimes occurs piecemeal as a case winds its way through the appeals process, creating the potential for mistaken convictions and lengthening the amount of time a case remains bound up in litigation after an initial conviction.

The potential to eliminate both of those consequences led to broad bipartisan support for the measure. At a press conference with the billโ€™s authors in March, Texas Attorney General Greg Abbott said the bill was a common sense proposal.

โ€œThere’s no reason to test these items more than a decade after the crime was committed,” Abbott said. โ€œWe shouldn’t live with suspense. The family of the victim shouldn’t have to through this time after time after time in order to get certainty.โ€

On the House floor, the billโ€™s sponsor, state Rep. Sylvester Turner, D-Houston, told legislators that the bill had been crafted at the request of and with the help of Abbottโ€™s office.

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