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LaHood, a death penalty supporter, had
teamed with Rep. William Delahunt, D-Mass., to originally introduce
the Innocence Protection Act in 2000. The bill that passed Wednesday
-- HR 3214, Advancing Justice Through DNA Technology Act of 2003
--contains the provisions of the Innocence Protection Act. The bill
that passed is a bipartisan piece of legislation supported by many
members of both the House and Senate.
"I am a proponent of the death penalty,
as a deterrent to violent crime, and this bill provides the
materials necessary to repair our flawed system," LaHood said during
floor debate. "I believe that those of us who support the death
penalty have a responsibility to ensure it is applied fairly. As a
just society, we must condemn the guilty, exonerate the innocent and
protect all Americans' fundamental right to truth.
"A death sentence is the ultimate
punishment," LaHood added. "The absolute finality of the death
penalty commands that we be 100 percent certain of an individual's
guilt. We cannot afford one more innocent life to be lost due to
inexperienced counsel or unprocessed DNA kits. In protecting the
innocent, we also make sure the guilty do not go free."
According to House Judiciary Committee
Chairman James Sensenbrenner, R-Wis., the main sponsor of HR 3214,
"The legislation addresses a broad spectrum of areas in the criminal
justice system: reducing the DNA analysis backlogs; educating and
training medical and criminal personnel in the use of DNA evidence;
improving DNA technology as a tool for ensuring justice; improving
the quality of legal representation in capital cases; and improving
access to DNA testing."
LaHood's
entire floor statement and a summary of the legislation follow.
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U.S. Rep. Ray LaHood
Floor statement: HR 3214, Advancing Justice Through DNA
Technology
Nov. 4, 2003
Mr. Speaker:
I rise today as a supporter of
the death penalty and original co-sponsor of this bill. In the
106th and 107th Congresses, I sponsored the Innocence
Protection Act with Mr. Delahunt, which is now included as
Section Three in the Advancing Justice through DNA Technology
Act.
I am a proponent of the death
penalty, as a deterrent to violent crime, and this bill
provides the materials necessary to repair our flawed system.
I believe that those of us that support the death penalty have
a responsibility to ensure it is applied fairly. As a just
society, we must condemn the guilty, exonerate the innocent
and protect all Americans' fundamental right to truth. It is
my belief that this legislation allows us to save the death
penalty, to know that we are utilizing it in instances where
we are confident of wrongdoing.
Mr. Speaker, we cannot afford
one more innocent life to be lost due to inexperienced counsel
or unprocessed DNA kits.
We must permit inmates to have
access to post-conviction DNA testing to establish innocence
and compensate those who have served time for crimes they did
not commit.
In order to continue to
rightfully punish our guilty, we must establish minimum
standards of competency for counsel in capital cases. As long
as innocent Americans are on death row, the guilty remain on
our streets. This legislation would increase public confidence
in our nation's judicial system as it relates to the death
penalty. Individuals have spent years on death row for crimes
they did not commit; some have come within hours of execution.
A death sentence is the ultimate
punishment. The absolute finality of the death penalty
commands that we be 100 percent certain of an individual's
guilt. In protecting the innocent, we also make sure the
guilty do not go free.
I
applaud the chairman for his determination in crafting this
bipartisan piece of legislation that assures fundamental
accuracy and fairness in our judicial system. |
[to top of second column in
this article] |
Highlights of Advancing Justice Through DNA Technology Act of 2003
--Authorizes $755 million over five
years ($151 million per year) to eliminate the current backlog of
over 300,000 rape kits (and other crime scene evidence) awaiting DNA
analysis in crime labs.
--Authorizes $62.5 million ($12.5
million per year through 2009) to provide DNA training and education
for law enforcement, correctional personnel and court officers.
--Authorizes $150 million ($30 million
per year through 2009) for training and education assistance for
medical personnel and other medical professionals using DNA samples
and evidence.
--Authorizes $50 million over five
years ($10 million per year) in grants to states, local governments
and tribal governments to eliminate forensic science backlogs.
--Establishes rules and procedures
governing applications for post-conviction DNA testing by federal
prison inmates.
--Authorizes $500 million ($100 million
per year through 2009) to improve state systems for providing
competent legal services in death penalty cases. This money will
cover (1) a new grant program to be administered by the attorney
general to improve the quality of legal representation provided to
poor defendants in state death penalty cases and (2) grants to
improve the quality of prosecution in state death penalty cases.
--A state applying for this grant money
must produce a long-term strategy and implementation plan for
improving the quality of legal representation for poor defendants in
capital cases and the quality of trial-level prosecution.
--Provides $25 million over five years
to defray the costs of post-conviction DNA testing.
--Strengthens prohibition on
destruction of biological evidence in a federal criminal case while
a defendant remains incarcerated. Violations are punishable by
imprisonment.
--Authorizes the attorney general to
establish a new Forensic Science Commission to investigate the best
practices for using and improving DNA technology.
--Expands DNA database system to allow
states to include in the DNA index the DNA profiles of all felons
convicted of federal crimes and everyone required to submit DNA
samples, including those authorized by state law.
--Increases potential fine to $100,000
for each criminal offense of unauthorized disclosure or use of DNA
information.
--Requires a report to Congress by the
attorney general on DNA initiatives within the next three years.
--Requires annual report to the
attorney general by states receiving grants on how death penalty
grants are being used.
--Requires
periodic reports by the Justice Department's inspector general to
evaluate state compliance with death penalty grants.
[News release]
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