Michael Curcio

Guest columnist

Rep. Michael Curcio serves as the Chairman of the House Judiciary Committee. He represents District 69, which encompasses Hickman, and part of Maury and Dickson counties.

Over the last couple of years, there has been a renewed focus on criminal justice reform in the Tennessee General Assembly. Since he was inaugurated earlier this year, Gov. Bill Lee has also made it a top priority. These efforts are concentrated on protecting Tennesseans from violent offenders, while also ensuring a fair and equitable justice system. Reforms have included better access to drug treatment programs, breaking down barriers that exist for those coming out of jails to lead productive, law-abiding lives, and general policies to make our communities safer.

To that end, I’ve introduced House Bill 873, which seeks to give someone who is convicted, but innocent, a legal avenue to present evidence that can prove their innocence. This mechanism does not exist in Tennessee state law, except for new DNA evidence.

In 2001, the Tennessee General Assembly passed the Post-Conviction DNA Analysis Act. The law allows those who have been convicted of a crime to appeal their conviction based on newly discovered DNA evidence. As DNA became scientifically accepted and more reliable, lawmakers saw the wisdom in allowing these types of claims to be made to ensure a crime really occurred and the right person was serving the time for that crime.

Since then, our understanding of other types of evidence — scientific and non-scientific — has also advanced. Similar to the Post-Conviction DNA Analysis Act, House Bill 873 would allow for other reliable, newly discovered evidence — not just DNA — to be brought forward. This is important because as we’ve seen with DNA and other types of forensic evidence, the science is evolving and improving all the time. If someone has been wrongfully convicted of a crime and there is new, nearly unshakable evidence that proves their innocence, there should be an avenue for a court to consider it. Our criminal justice system was developed and is administered by humans, and it has human errors. Sometimes the system gets it wrong even with all of its safeguards. We all have seen or read about innocent people exonerated years — some even decades — after they were wrongfully convicted of a crime they didn’t commit.

It’s also important because for every innocent person sitting in our prisons, there is either a guilty person who is free or, in some situations, a crime didn’t actually occur. If an innocent person was convicted and imprisoned while the actual culprit of a crime remains free, this is not safe for our communities. In addition, it means a victim was not served by our judicial system. The innocent person wrongfully convicted is also a victim, and we want to ensure that victims are being served and our criminal justice system is fair.

This legislation does not take away from the outstanding work our judges, prosecutors and defense attorneys do across the state. Along with law enforcement, they serve and protect our communities. We are all seeking the same outcome: To ensure those responsible for violent crimes are prosecuted and put in prison while providing a fair and just process. This legislation will create a pathway to make sure our system is working at its best, one in which the right person is punished for the crime and victims get the justice they deserve.

Rep. Michael Curcio serves as the Chairman of the House Judiciary Committee. He represents District 69, which encompasses Hickman, and part of Maury and Dickson counties.