Advocates of a Senate bill (S 1700) that would provide death row inmates access to potentially exonerating DNA tests as well as enhance the quality of legal counsel in capital cases are starting to look for a new approach. While this bill has been held up on the Judiciary Committee’s agenda for weeks due to opposition from conservatives, a similar measure was easily passed in the House in the fall. The panel, scheduled to mark up the bill on Thursday, should expect a fight from Judiciary Republicans Jon Kyl of Arizona and Jeff Sessions of Alabama. While the bill’s backers do not want to abandon their stand-alone measure, they have begun exploring other options, such as offering it as an amendment to legislation that is more likely to pass.

This legislation, sponsored by Judiciary Chairman Orrin G. Hatch (R-Utah) would grant over $1 billion in five years to increase resources for forensic laboratories, test stored biological evidence, and improve law enforcement’s use of these tests. The legislation also embraces a Bush initiative to reduce the backlog of biological evidence by authorizing $755 million over 5 years to accelerate the processing of stored biological samples. Critics of the bill, including Kyl and Sessions, are wary of provisions that make $100 million in federal grants contingent on states meeting certain conditions, including ensuring that defendants have access to competent legal representation. They are expected to offer amendments to strip the bill title when the legislation is considered by the Senate committee. Assistant Attorney General William E. Moschella also recently criticized the bill for not sufficiently protecting against abusive litigation and fears these provisions will interfere with the states’ ability to carry out the death penalty.