It was the shortest such deadline in the nation. Today's new law doesn't eliminate the 21-day rule, but it loosens it. Death row inmates and other felons can now seek to have biological evidence tested years after their convictions. In cases where testing conclusively shows innocence, the governor may grant a pardon. Beginning in November 2002, those convicted of the most serious felonies could also petition the state Supreme Court for freedom, but that provision requires an amendment to the state's constitution.
Supporters hope to put the issue on the ballot for voters to decide that month.
The law requires the state to preserve biological evidence in a secure, central facility so it is available for testing now and in the future, as technology continues to improve. The courts in Missouri have made a similar change, he said. Neufeld and other activists expressed disappointment that states have not gone further at a time when the public has become more skeptical about the death penalty. But faced with the possibility of a veto, they also sounded relieved that Gilmore had signed the bill. This is a small step in that direction.