House gives initial OK to DNA evidence bill

A bill that would allow defendants to argue for a new trial in cases where DNA evidence was lost or destroyed won preliminary approval in the House today.

Senate Bill 205 says that in cases where authorities "negligently" lose or destroy biological evidence that was ordered to be tested, a judge must hold a hearing to determine whether a remedy - which could include a new trial - is needed.

Supporters said the bill would bring justice to cases where evidence that a judge had ordered be preserved is destroyed or lost. But Rep. Douglas Bruce, R-Colorado Springs, called the bill a "get-out-of-jail-free card."

Bruce offered an amendment to make the bill only apply to future cases, not past ones.

"We don't have ex post facto punishment," Bruce said. "We shouldn't have ex post facto exoneration.

"We're talking about changing the rules after the game is over."

But Rep. Claire Levy, D-Boulder, said it would be a "travesty of justice" to not have the bill apply to previous cases.

Bruce's amendment failed, and the House gave an initial OK to the bill on a voice vote. The House must approve it once more before it can move back to the Senate, which must approve House changes. 

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