Model Legislation

Wrongful convictions have shown that our criminal justice system needs immediate reform in many areas – both to protect the innocent and to strengthen the work of law enforcement and prosecutors with full transparency. Important progress like DNA testing access and the recording of interrogations will not happen without the consensus and agreement of lawmakers. State legislatures across the country are considering important reforms to prevent wrongful convictions and make our communities safer.

We have developed model legislation for jurisdictions considering criminal justice reform legislation. Click on the specific issue below to read the model legislation, and contact Rebecca Brown (rbrown@innocenceproject.org) if your jurisdiction is considering any of the following reforms.

Post-conviction DNA testing

• DNA Access Fact Sheet


• Model Statute for obtaining postconviction DNA testing (PDF)

Evidence Preservation

• Preservation of Evidence Fact Sheet


• Model Legislation to Improve the Preservation of Evidence (PDF)


• Model Legislation to Form a Task Force on the Preservation of Evidence (PDF)


• Model Legislation to Fund Pilot Program on the Preservation of Evidence (PDF)


• JFAA Provision Relating to the Preservation of Evidence (PDF)

Eyewitness Identification Reform

• Eyewitness Identification Fact Sheet


• Model Legislation to Improve the Accuracy of Eyewitness Identification (PDF)


• Model Legislation to Create Written Policies Regarding Eyewitness Identification (PDF)


• Model Legislation to Form an Eyewitness Identification Task Force (PDF)

False Confessions

• False Confession Fact Sheet


• Model Legislation Mandating the Recording of Custodial Interrogations (PDF)

Crime Lab Oversight

• Bill Creating a Forensic Science Commission in Texas (Excerpt of Texas HB 1068) (PDF)

Compensation

• Exoneree Compensation Fact Sheet


• Federal Compensation Statute (PDF)


• Model State Compensation Statute (PDF)

Criminal Justice Reform Commissions (or ‘Innocence Commissions’)

• Legislation Creating California’s Commission on the Fair Administration of Justice (PDF)


• Model Legislation for the Creation of a Criminal Justice Reform Commission (PDF)

Informants

• Model legislation Regarding Disclosure and Regulation of Jailhouse Informant Testimony