James Sensenbrenner, October 8, 2003

6209. That’s how many days Manitowoc County resident Steven Avery spent in the Stanley Correctional Institution in Chippewa County -- for a crime he didn’t commit. Actually, he was in prison even longer than that by the time he was released last month for serving time on charges of sexual assault and attempted murder. Avery was ordered free by the same judge who sentenced him in 1986 after DNA tests this year exonerated him. Evidence collected from the victim was determined to belong to another inmate, who is serving time for a different sexual assault.

Cases such as this are what spurred me to introduce HR 3214, the Advancing Justice Through DNA Technology Act of 2003, on October 1. Through my years here in Congress on the Judiciary and Science Committees, I have seen the potential for DNA testing to improve our criminal justice system. DNA can identify criminals with pinpoint accuracy. It can clear suspects and exonerate persons mistakenly convicted of crimes. DNA technology ensures accuracy and fairness in the criminal justice system.

However, if DNA samples are not tested, that potential is wasted. Simply put, the current federal and state DNA collection and analysis systems need improvement. Public crime labs are ill-equipped, and consequently, overwhelmed by backlogs of unanalyzed DNA samples that could solve violent crimes if the states had the funds to process them. Experts have estimated that DNA evidence from more than 180,000 rape crime scenes have been collected, but never analyzed.

These backlogs and lack of equipment significantly delay the administration of justice. Faster methods for analyzing DNA evidence are needed. Criminal justice professionals need additional training and assistance to ensure the optimal use of DNA evidence. In appropriate circumstances, individuals who may have been wrongly convicted need the means to get DNA tests.

HR 3214 will help to fix these problems. This bipartisan and bicameral legislation authorizes $755 million over five years to eliminate the current backlog of rape kits and other crime scene evidence awaiting DNA analysis in crime labs. It includes money for training for law enforcement, correctional, court, and medical personnel on the use of DNA evidence. HR 3214 funds research to improve forensic technology and authorizes $10 million per year in grants to states, local governments, and tribal governments to eliminate forensic backlogs. It also authorizes funding for the use of forensic DNA technology to identify missing persons and unidentified human remains.

In addition, HR 3214 addresses the plight of those who may be wrongly convicted. The legislation establishes rules for post conviction DNA testing of federal prison inmates, and requires the preservation of biological evidence in federal criminal cases while the defendant remains incarcerated.

Sadly, the reality is that there are too many DNA samples not being tested. To have this tool available and not fully used, is tragic. Many crimes could be solved, many guilty people could be taken off the streets, and many victims could be spared from further crimes. On October 8, the Judiciary Committee passed HR 3214. I hope to see this bill quickly approved by the House and Senate so that the President can sign it into law.

No one should have to spend 17 years in prison for a crime they did not commit. Although it cannot help Steven Avery now, HR 3214 can help other wrongfully convicted people currently serving time in prison.

James Sensenbrenner is a Republican Member of Congress representing the Fifth Congressional District of Wisconsin. He chairs of the House Judiciary Committee.