Article
Several bills have been filed this session that deal with the issue of DNA testing. DNA’s effects on criminal prosecution and employment are two areas that are specifically being targeted.
In 1995, the Texas Legislature directed the Department of Public Safety to establish and maintain a computerized DNA database to help federal, state, and local law enforcement agencies investigate and prosecute offenses in which biological evidence is recovered. Since then, Texas has become one of 24 states that maintains databases, linked to a federal system, that contain profiles of criminal offenders. HB 157, if passed, would allow a person sentenced for an offense the opportunity to request the forensic DNA testing of any evidence that is pertinent or available to the person’s case. However, the court will only be required to test the evidence if a reasonable probability exists that the information produced could result in the exoneration of the petitioner. Under HB 157, as proposed, a prisoner could reopen a case if the evidence had not been previously tested and taken into consideration by the jury during trial.
Supporters of HB 157 feel that DNA testing would give prisoners the opportunity to prove their innocence. Opponents of the bill feel that many criminal offenders may abuse their right to request DNA testing costing the state more money. Many people also feel that DNA testing undermines the purpose of a jury verdict and question the impartiality that accompanies court cases.
Other legislation which has been filed includes Senate bills 12, 13, and 16 which focus on prohibiting businesses from using DNA tests to determine a person’s eligibility for employment, occupational licenses, and insurance coverage based on certain genetic information.
In addition to forensic information, DNA tests also show whether or not a person has a predisposition to certain chronic illnesses. Supporters feel that businesses may use this information to determine if a person will be hired and whether they will provide the individual with insurance. Those opposed to these Senate Bills feel DNA testing would be an invasion of privacy and a violation of peoples’ rights.
I would appreciate your input on these issues. Please write my Capitol office at P. O. Box 2910,Austin,TX 78768 or email to ron.clark@house.state.tx.us.
State Representative Ron Clark
P.O. Box 2910
Austin, TX 78768-2910
(903) 893-9426 * (512) 463-0474
(512) 475-3767 (fax)
ron.clark@house.state.tx.us
http://www.grayson.edu/district62/RonClark.html
Gallery