On Tuesday, the Florida House unanimously advanced to Senate a bill featuring forensic analysis reforms that gives convicted felons more post-conviction options.
Bipartisan House Bill 7077 allows a person tried and found guilty of committing a felony to order the forensic analysis of physical evidence collected at the time of the investigation that may result in identification of the true perpetrator of the original crime. The defendant must be able to name a specific piece of physical evidence they wish to have analyzed, rather than simply requesting a full reanalysis of all evidence.
The evidence can be element(s) not previously subjected to forensic analysis or—importantly—evidence that was analyzed previously with inconclusive results or that would benefit from subsequent scientific developments. The underlying language here drives at DNA testing techniques, which have advanced substantially in the past 10 years. In fact, a previous version of the bill focused on just DNA testing, before changes were made to broaden the scope of the bill to incorporate all forensic analysis techniques.
According to the bill, the petitioner must be able to prove the results of forensic analysis would be admissible in court and that “there is a reasonable probability the forensic analysis may result in evidence that is material to the identity of the perpetrator of, or accomplice to, the crime.”
If the defendant has funds, the court may order a private lab to conduct the analysis, as long as the lab is accredited. Otherwise, the forensic lab at the Florida Department of Law Enforcement (FDLE) will perform the requested tests. At this time, the case load that may burden FDLE is unknown. If tests include DNA analysis, the bill specifies that the DNA profile be run against state DNA databases, as well as CODIS, in an effort to identify an alternative suspect. Additionally, courts could order a search for reportedly lost or destroyed physical evidence.
The bill is an acknowledged attempt to reduce the amount of people falsely imprisoned in the state of Florida. Ironically, House Bill 7077 passed the same day the legislature approved more than $2 million in compensation for Clifford Williams, a former Florida death row inmate falsely imprisoned for nearly 43 years.
Williams and his nephew were convicted of the 1976 fatal shooting of Jeanette Williams and the attempted murder of Nina Marshall in Jacksonville. However, no physical evidence linked the men to the crime and the sole witness testimony was called into questions years later.
“We cannot give him back his time, but we can certainly help him to move forward. He deserves that opportunity,” Senate Democratic Leader Audrey Gibson said before the vote. “Today we can be enablers of the hopes and dreams and desires Mr. Williams certainly thought about for 43 years.”