FRANKFORT — Condemned prisoners could request DNA testing of long-preserved evidence to try to prove their innocence under a proposal inserted Thursday into a bill moving toward the Kentucky House.

        The provision was attached to a Senate-passed bill that would require DNA samples from all violent felony offenders. The expanded bill was approved by the House Judiciary Committee.

        The expansion could give condemned prisoners access to high-tech testing not available at the time of their convictions. The motions would be filed with judges in courts where the inmates were sentenced. The requests would be aimed at proving innocence, not delaying executions.

        The committee also broadened the bill to require DNA samples from people convicted of first-degree burglaries. Such burglaries often lead to violent crimes, said committee Chairman Gross Lindsay, D-Henderson.

        The bill passed 33-0 by the Senate last month was limited to requiring that samples of genetic material be taken from violent felons.

        If the House passes the broader version, the measure would return to the Senate, which would decide whether to accept the House changes.

        The committee's action Thursday drew praise from state Public Advocate Ernie Lewis. Mr. Lewis said he didn't think the testing would infringe on personal rights. He said such evidence would help guarantee that the guilty are punished and the innocent are acquitted.

        The proposal to allow death row inmates to seek DNA testing had been a separate bill still awaiting a first hearing. But with time running short to pass legislation, it was inserted into the other DNA bill.

        Under the proposal, a condemned inmate could ask a judge to order DNA testing of biological evidence collected during the criminal investigation. Evidence could include hair, blood or other body fluids.

        The inmate would have to prove that the evidence, which could be years old, was not tampered with or replaced.

        The attorney general's office would have to be notified and given a chance to respond to a motion by a condemned inmate.

        Democratic Reps. Robin Webb of Grayson and Jesse Crenshaw of Lexington pushed for the proposal. Ms. Webb said she was motivated by wanting to remove any possibility that an innocent person might be put to death. She noted that a Jefferson County man convicted of rape years ago was set free last year based on DNA evidence not available at his trial.

        Mr. Lewis said he did not know how many death row inmates might try to take advantage of the DNA testing. He said the evidence is normally carefully preserved because it might be used in appeals.

        (The legislation is Senate Bill 45).

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