Bill Text: MN SF1400 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Forensic laboratory advisory board provisions modifications
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2011-05-09 - Referred to Judiciary and Public Safety [SF1400 Detail]
Download: Minnesota-2011-SF1400-Introduced.html
1.2relating to public safety; modifying certain provisions regarding the Forensic
1.3Laboratory Advisory Board;amending Minnesota Statutes 2010, section
1.4299C.156.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 299C.156, is amended to read:
1.7299C.156 FORENSIC LABORATORY ADVISORY BOARD.
1.8 Subdivision 1. Membership. (a) The Forensic Laboratory Advisory Board consists
1.9of the following:
1.10(1) the superintendent of the Bureau of Criminal Apprehension or the
1.11superintendent's designee;
1.12(2) the commissioner of public safety or the commissioner's designee;
1.13(3) the commissioner of corrections or the commissioner's designee;
1.14(4) an individual with expertise in the field of forensic science, selected by the
1.15governor;
1.16(5) an individual with expertise in the field of forensic science, selected by the
1.17attorney general;
1.18(6) a faculty member of the University of Minnesota, selected by the president of
1.19the university;
1.20(7) the state public defender or a designee;
1.21(8) a prosecutor, selected by the Minnesota County Attorneys Association;
1.22(9) a sheriff, selected by the Minnesota Sheriffs Association;
1.23(10) a police chief, selected by the Minnesota Chiefs of Police Association;
2.1(11) a judge or court administrator, selected by the chief justice of the Supreme
2.2Court; and
2.3(12) a criminal defense attorney, selected by the Minnesota State Bar Association.
2.4(b) The board shall select a chair from among its members.
2.5(c) Board members serve four-year terms and may be reappointed.
2.6(d) The board may employ staff necessary to carry out its duties.
2.7 Subd. 2. Duties. The boardmay shall:
2.8(1) develop and implement a reporting system through which laboratories, facilities,
2.9or entities that conduct forensic analyses report professional negligence or misconduct
2.10that substantially affects the integrity of the forensic results committed by employees
2.11or contractors;
2.12(2)encourage require all laboratories, facilities, or entities that conduct forensic
2.13analyses to report professional negligence or misconduct that substantially affects the
2.14integrity of the forensic results committed by employees or contractors to the board;
2.15(3) to the extent funding is available, investigate, in a timely manner, any allegation
2.16of professional negligence or misconduct that would substantially affect the integrity of
2.17the results of a forensic analysis conducted by a laboratory, facility, or entity; and
2.18(4)encourage require all laboratories, facilities, and entities that conduct
2.19forensic analyses to become accredited by the American Society of Crime Laboratory
2.20Directors/Laboratory Accreditation Board (ASCLD/LAB) or other appropriate accrediting
2.21body and develop and implement a process for those entities to report their accreditation
2.22status to the board.
2.23 Subd. 3. Investigations.(a) An investigation under subdivision 2, clause (3):
2.24(1) may include the preparation of a written report that identifies and describes the
2.25methods and procedures used to identify:
2.26(i) the alleged negligence or misconduct;
2.27(ii) whether negligence or misconduct occurred; and
2.28(iii) any corrective action required of the laboratory, facility, or entity; and
2.29(2) may include one or more:
2.30(i) retrospective reexaminations of other forensic analyses conducted by the
2.31laboratory, facility, or entity that may involve the same kind of negligence or misconduct;
2.32and
2.33(ii) follow-up evaluations of the laboratory, facility, or entity to review:
2.34(A) the implementation of any corrective action required under clause (1)(iii); or
2.35(B) the conclusion of any retrospective reexamination under clause (2)(i).
3.1(b) The costs of an investigation under this section must be borne by the laboratory,
3.2facility, or entity being investigated.
3.3 Subd. 3a. Immunity. Board members, committees, subcommittees, task forces,
3.4delegates, and agents are immune from liability in any civil, administrative, or criminal
3.5action for any act, omission, transaction, or publication in the execution of, or relating
3.6to, their duties under this chapter.
3.7 Subd. 4. Delegation of duties. The board by contract may delegate the duties
3.8described in subdivision 2, clauses (1) and (3), to any person or entity that the board
3.9determines to be qualified to assume those duties.
3.10 Subd. 5.Reviews and reports are public Data privacy practices. The board shall
3.11make all investigation reports completed under subdivision 3,paragraph (a), clause (1),
3.12available to the public. A report completed under subdivision 3,paragraph (a), clause (1),
3.13in a subsequent civil or criminal proceeding is not prima facie evidence of the information
3.14or findings contained in the report.
3.15 Subd. 6. Reports to legislature. By January 15 of each year, the board shall submit
3.16any report prepared under subdivision 3,paragraph (a), clause (1), during the preceding
3.17calendar year to the governor and the legislature.
3.18 Subd. 7. Forensicanalysis processing time period guidelines science
3.19improvement report.(a) By July 1, 2007, the board shall recommend forensic analysis
3.20processing time period guidelines applicable to the Bureau of Criminal Apprehension and
3.21other laboratories, facilities, and entities that conduct forensic analyses. When adopting
3.22and recommending these guidelines and when making other related decisions, the board
3.23shall consider the goals and priorities identified by the presidential DNA initiative. The
3.24board shall consider the feasibility of the Bureau of Criminal Apprehension completing
3.25the processing of forensic evidence submitted to it by sheriffs, chiefs of police, or state
3.26or local corrections authorities.
3.27(b) The bureau shall provide information to the board in the time, form, and manner
3.28determined by the board and keep it informed of the most up-to-date data on the actual
3.29forensic analysis processing turnaround time periods. By January 15 of each year, the
3.30board shall report to the legislatureon these issues on the status of services provided
3.31by public forensic laboratories, including the recommendations made by the board to
3.32improve turnaround times.
3.33Subd. 8. Forensic evidence processing deadline. The board may recommend
3.34reasonable standards and deadlines for the Bureau of Criminal Apprehension to test and
3.35catalog forensic evidence samples relating to alleged crimes committed, including DNA
3.36analysis, in their control and possession.
4.1 Subd. 9. Office space. The commissioner of public safetymay shall provide
4.2adequate office space and administrative services to the board.
4.3 Subd. 10. Expenses. Section15.059 applies to the board.
4.4 Subd. 11.Definition Definitions. As used in this section,:
4.5(1) "forensic analysis" means amedical, chemical, toxicologic, ballistic, scientific or
4.6other expert examination or test performed on physical evidence,including DNA evidence,
4.7for the purpose of determining the connection of the evidence to a criminal action.; and
4.8(2) "forensic laboratory" means a publicly or privately operated entity or facility
4.9that scientifically examines physical evidence in order to inform any person's scientific
4.10conclusion or opinion in a matter that is or that foreseeably may become the subject of
4.11a criminal investigation by a Minnesota law enforcement agency or a criminal judicial
4.12proceeding in a Minnesota court, whether or not the examiner will provide expert
4.13testimony in court proceedings. A forensic laboratory does not include medical examiners.
1.3Laboratory Advisory Board;amending Minnesota Statutes 2010, section
1.4299C.156.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 299C.156, is amended to read:
1.7299C.156 FORENSIC LABORATORY ADVISORY BOARD.
1.8 Subdivision 1. Membership. (a) The Forensic Laboratory Advisory Board consists
1.9of the following:
1.10(1) the superintendent of the Bureau of Criminal Apprehension or the
1.11superintendent's designee;
1.12(2) the commissioner of public safety or the commissioner's designee;
1.13(3) the commissioner of corrections or the commissioner's designee;
1.14(4) an individual with expertise in the field of forensic science, selected by the
1.15governor;
1.16(5) an individual with expertise in the field of forensic science, selected by the
1.17attorney general;
1.18(6) a faculty member of the University of Minnesota, selected by the president of
1.19the university;
1.20(7) the state public defender or a designee;
1.21(8) a prosecutor, selected by the Minnesota County Attorneys Association;
1.22(9) a sheriff, selected by the Minnesota Sheriffs Association;
1.23(10) a police chief, selected by the Minnesota Chiefs of Police Association;
2.1(11) a judge or court administrator, selected by the chief justice of the Supreme
2.2Court; and
2.3(12) a criminal defense attorney, selected by the Minnesota State Bar Association.
2.4(b) The board shall select a chair from among its members.
2.5(c) Board members serve four-year terms and may be reappointed.
2.6(d) The board may employ staff necessary to carry out its duties.
2.7 Subd. 2. Duties. The board
2.8(1) develop and implement a reporting system through which laboratories
2.9
2.10that substantially affects the integrity of the forensic results committed by employees
2.11or contractors;
2.12(2)
2.13analyses to report professional negligence or misconduct that substantially affects the
2.14integrity of the forensic results committed by employees or contractors to the board;
2.15(3) to the extent funding is available, investigate, in a timely manner, any allegation
2.16of professional negligence or misconduct that would substantially affect the integrity of
2.17the results of a forensic analysis conducted by a laboratory
2.18(4)
2.19forensic analyses to become accredited by the American Society of Crime Laboratory
2.20Directors/Laboratory Accreditation Board (ASCLD/LAB) or other appropriate accrediting
2.21body and develop and implement a process for those entities to report their accreditation
2.22status to the board.
2.23 Subd. 3. Investigations.
2.24(1) may include the preparation of a written report that identifies and describes the
2.25methods and procedures used to identify:
2.26(i) the alleged negligence or misconduct;
2.27(ii) whether negligence or misconduct occurred; and
2.28(iii) any corrective action required of the laboratory, facility, or entity; and
2.29(2) may include one or more:
2.30(i) retrospective reexaminations of other forensic analyses conducted by the
2.31laboratory, facility, or entity that may involve the same kind of negligence or misconduct;
2.32and
2.33(ii) follow-up evaluations of the laboratory, facility, or entity to review:
2.34(A) the implementation of any corrective action required under clause (1)(iii); or
2.35(B) the conclusion of any retrospective reexamination under clause (2)(i).
3.1
3.2
3.3 Subd. 3a. Immunity. Board members, committees, subcommittees, task forces,
3.4delegates, and agents are immune from liability in any civil, administrative, or criminal
3.5action for any act, omission, transaction, or publication in the execution of, or relating
3.6to, their duties under this chapter.
3.7 Subd. 4. Delegation of duties. The board by contract may delegate the duties
3.8described in subdivision 2, clauses (1) and (3), to any person or entity that the board
3.9determines to be qualified to assume those duties.
3.10 Subd. 5.
3.11make all investigation reports completed under subdivision 3,
3.12available to the public. A report completed under subdivision 3,
3.13in a subsequent civil or criminal proceeding is not prima facie evidence of the information
3.14or findings contained in the report.
3.15 Subd. 6. Reports to legislature. By January 15 of each year, the board shall submit
3.16any report prepared under subdivision 3,
3.17calendar year to the governor and the legislature.
3.18 Subd. 7. Forensic
3.19improvement report.
3.20
3.21
3.22
3.23
3.24
3.25
3.26
3.27
3.28
3.29
3.30board shall report to the legislature
3.31by public forensic laboratories, including the recommendations made by the board to
3.32improve turnaround times.
3.33
3.34
3.35
3.36
4.1 Subd. 9. Office space. The commissioner of public safety
4.2adequate office space and administrative services to the board.
4.3 Subd. 10. Expenses. Section
4.4 Subd. 11.
4.5(1) "forensic analysis" means a
4.6other expert examination or test performed on physical evidence,
4.7for the purpose of determining the connection of the evidence to a criminal action
4.8(2) "forensic laboratory" means a publicly or privately operated entity or facility
4.9that scientifically examines physical evidence in order to inform any person's scientific
4.10conclusion or opinion in a matter that is or that foreseeably may become the subject of
4.11a criminal investigation by a Minnesota law enforcement agency or a criminal judicial
4.12proceeding in a Minnesota court, whether or not the examiner will provide expert
4.13testimony in court proceedings. A forensic laboratory does not include medical examiners.
