New law allows defendants who pled guilty access to DNA testing

DNA_Double_HelixA new bill was signed into law by Governor Quinn last Saturday which allows defendants who have pled guilty, or will plead guilty, access to DNA testing that could exonerate them. The law took effect immediately, but to qualify for the testing, the results of the test must not have been available prior to the Defendant’s guilty plea, and must be materially relevant to the Defendant’s claim that they are innocent.

The amendment was introduced by State Senator Kwame Raoul, D-Chicago. According to the Chicago Tribune, Raoule said that “…[E]ven when somebody implicates themselves and there’s a lack of other compelling evidence, there’s a possibility that they didn’t commit the crime.”

Academics have long criticized the plea bargaining process for it’s potential to coerce guilty pleas out of innocent Defendants. The Chicago Tribune reports that the National Registry of Exonerations has found 145 defendants that pled guilty who have later been exonerated, 29 of which were exonerated through DNA testing.

If you, or someone you know, has pled guilty to a crime you did not commit, contact the Law Offices of Laura J. Morask.


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