Gonzales’ Bipartisan Bill to Expand Post-Conviction DNA Testing Clears Senate, Heads to Governor’s Desk

Developed in partnership with the Korey Wise Innocence Project, legislation would help end wrongful convictions by expanding the use of post-conviction DNA testing

DENVER, CO – Senator Julie Gonzales’, D-Denver, bipartisan bill to expand the eligibility for incarcerated people to access DNA testing after being convicted of a felony today cleared the Senate.

Currently, an incarcerated person can motion the court for post-conviction DNA testing to prove the person's innocence only if DNA testing was not available at the time of the person's prosecution. HB23-1034, cosponsored by Senator Cleave Simpson, R-Alamosa, expands the population to include those on felony parole, registered sex offenders, those charged with a felony but not convicted by reason of insanity and those who have completed their felony prison sentence.

"Wrongful convictions are a problem in Colorado, just as they are across this country," said Gonzales. "By improving our statute and bringing it in line with other statutes around the country, we can enable petitioners to access post-conviction DNA testing to prove their innocence, identify the actual perpetrators of the offenses, and reclaim their freedom."

The bill was developed in partnership with the Korey Wise Innocence Project, a law clinic at the University of Colorado Law School that provides free investigative and legal services to people serving time in Colorado prisons for crimes they did not commit.

Post-conviction DNA testing in Colorado was established in state statute in 2003 and has not been updated since. In the 20 years following its creation, only three people in Colorado have been exonerated for DNA-related reasons.

HB23-1034 now heads to the Governor’s desk for signature. You can follow the bill’s progress HERE.