| When serious crimes go unsolved, the consequences extend far beyond unanswered questions. Families are left without closure, communities lose trust in the system, and the risk of wrongful conviction increases when investigations rely on incomplete or outdated tools. |
| January 27, 2025 This legislative session, Indiana lawmakers introduced House Bill 1248 (informally known as “Carmen’s Law”), a proposal that would modernize how the state reviews and investigates cold cases by creating a formal process for using advanced DNA testing—including genetic genealogy. The Indiana Innocence Project was proud to participate in early discussions about the language in this bill and is watching with interest as it makes its way through the Indiana General Assembly because it has the potential to improve accuracy, accountability, and fairness in the justice system. The Story Behind the Bill Carmen’s Law honors Carmen Van Huss, who was murdered in Indianapolis in 1993. For more than three decades, her case remained unresolved—until investigators used genetic genealogy to identify a suspect in 2024. The man responsible has since entered a guilty plea, finally bringing resolution to Carmen’s family. HB 1248 aims to make this powerful forensic tool more accessible so other families are not left waiting years for justice. What the Bill Does If passed, the law would become effective on July 1, 2026. It establishes a formal process for using “advanced DNA testing,” as defined in the bill, as DNA forensics, DNA analytics, and genetic genealogy, to investigate cases that have gone cold. The bill applies to “cold cases,” which include: – Law enforcement investigations into homicides, sex offenses, or high-risk missing persons that have been open for more than five years with no pending charges. – County coroner investigations concerning the identification of unknown victims. Power to the Families One of the most significant features of Carmen’s Law is that it gives victims and eligible family members the statutory right to request a review of a cold case. The bill defines “eligible family members” broadly to include spouses, parents, children, siblings, grandparents, aunts, uncles, nieces, nephews, and first cousins, as well as those who formerly cohabited with the victim. Requests may be submitted not only by victims and eligible family members, but also by county coroners and participating law enforcement agencies. The proposed process is structured to be transparent and accessible: – The Hub: Requests are submitted to a qualified entity—a nonprofit organization that meets statutory requirements and partners with law enforcement to fund advanced DNA testing. – Eligibility: Eligibility is determined based on the order requests are received, the date of the crime, the availability of funds, and other relevant criteria established by the qualified entity. – Mandatory Collaboration: Once a case is deemed eligible, the investigating law enforcement agency must collaborate with a testing laboratory to determine the best testing options and maintain the chain of custody for evidence. Nothing in the bill prevents law enforcement agencies from pursuing advanced DNA testing independently at their own expense. Why This Matters for the Innocent Although HB 1248 is focused on identifying perpetrators, it also has profound implications for preventing wrongful convictions. When science is used to identify the true source of DNA evidence, two things happen: 1- Families get real answers. 2- The risk of convicting—or continuing to incarcerate—the wrong person is reduced. Across the country, genetic genealogy has helped exonerate people who were wrongfully convicted by identifying the actual perpetrator years later. By formalizing a process for using these tools, Indiana would be strengthening its commitment to evidence-based justice. A Step Toward a More Reliable System Our mission is to free the innocent, but our vision is a justice system that gets it right the first time. By prioritizing scientific accuracy over assumptions or guesswork, HB 1248 represents a meaningful step in that direction. Current Progress of the Bill On January 22nd, the bill passed out of the House and now moves to the Senate for review and has been referred to the Senate Committee on Corrections and Criminal Law. We will continue to follow this legislation and keep our community informed as it moves through the Statehouse. |