Senate Co-Sponsorship Memoranda

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Senate of Pennsylvania
Session of 2013 - 2014 Regular Session

MEMORANDUM

Posted:	March 1, 2013 11:21 AM
From:	Senator Stewart J. Greenleaf
To:	All Senate members
Subject:	Conviction Integrity proposals

In September 2011 the Joint State Government Commission’s Advisory Committee on Wrongful Convictions transmitted its report to the Senate Judiciary Committee. According to the report “Since 1989, 34 states and the District of Columbia have been witness to 273 postconviction DNA exonerations. These exonerations represent cases in which the conviction has been indisputably determined to be wrong by continuing advances in the use of DNA science and evidence. They represent tragedy not only for the person whose life is irreparably damaged by incarceration for a crime he did not commit, but also for the victim since each wrongful conviction also represents the failure to convict the true perpetrator.” According to the Innocence Project in New York City, as of March 2013, 303 people have been exonerated through the use of DNA evidence.

It was not the intent of the report to cast blame on any part of the criminal justice system. The proposals in the report are meant to assist law enforcement and prosecutors in making sure that the right person is arrested and prosecuted. The advisory committee adapted to Pennsylvania what are considered nationally as “best practices” in criminal justice methodologies relating to the accuracy of eyewitness identifications, the recording of custodial interrogations, the use of informant testimony, and the preservation of evidence. Since the report has been issued there have been a series of meetings, seminars and training sessions with law enforcement and prosecutors to encourage and assist law enforcement officials to voluntarily implement these proposals where feasible.

Despite these sincere and continuing efforts, I believe that it is still important to introduce the advisory committee’s recommendations as legislation. In the case of one bill, it may lead to federal funds. In the case of the other two bills, it keeps the recommendations on the table for further discussion, consideration and possible implementation. During the 2011-2012 legislative session, I introduced the advisory committee’s proposals as Senate Bills 1337 and 1338. This session I have divided the legislation into three bills as follows:

Document #1

Introduced as SB710

Description:	This bill (parts of SB1338) provides for the preservation of biological evidence and for revisions to the Post Conviction Relief Act, including postconviction DNA testing. The provisions requiring the preservation of biological evidence and existing provisions relating to DNA testing should enable Pennsylvania to access federal funds to assist with the costs involved in the preservation of evidence. The bill also further provides for the accreditation and oversight of forensic laboratories.

Document #2

Introduced as SB711

Description:	This bill (parts of SB1338) provides for the electronic recording of custodial interrogations involving certain serious crimes; enacts the Eyewitness Identification Improvement Act to establish live and photo lineup procedures; provides for certain disclosures in felony cases that must be made if the prosecution is going to introduce informant testimony; and provides for claims and the recovery of damages for wrongful convictions and subsequent imprisonment.

Document #3

Introduced as SB712

Description:	This bill (SB1337) establishes the Pennsylvania Commission on Conviction Integrity Act to retrospectively investigate cases in Pennsylvania in which an innocent person is found to have been wrongly convicted and to recommend procedures to prevent similar recurrences. Also, by continuing to study criminal justice methodologies nationally, the commission should help improve the quality, efficiencies and resources of law enforcement in Pennsylvania. The commission would annually report on conviction integrity reforms and best practices.