Bill Text: NJ A4060 | 2024-2025 | Regular Session | Introduced
Bill Title: Establishes New Jersey Forensic Science Planning Commission.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-03-14 - Introduced, Referred to Assembly Science, Innovation and Technology Committee [A4060 Detail]
Download: New_Jersey-2024-A4060-Introduced.html
Sponsored by:
Assemblywoman CAROL A. MURPHY
District 7 (Burlington)
SYNOPSIS
Establishes New Jersey Forensic Science Planning Commission.
CURRENT VERSION OF TEXT
As introduced.
An Act establishing the New Jersey Forensic Science Planning Commission.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
"Planning commission" means the New Jersey Forensic Science Planning Commission."
"Crime laboratory" means a forensic laboratory."
"Forensic" means related to methods, techniques, and processes used to establish conclusions and opinions, facts, and findings which may be used for legal proceedings.
"Forensic analysis" means a scientific or technical analysis focused specifically on the inquiry of physical evidence related to questions of judicial or legal matters using a process that involves systematic observation, data collection, and interpretation.
"Forensic analyst" means a person who performs direct analysis of any evidence with or without the assistance of a forensic technician. A forensic analyst may offer formal interpretation of the analytical data to generate a conclusion with respect to the identification or attributes of the evidence. A forensic analyst may also serve as a forensic scientist.
"Forensic examination" means an examination, exploration, test, or process which requires qualifications, knowledge of, or skill in a particular subject matter.
"Forensic technician" means a person under direction of a forensic analyst, including a trainee in a forensic analyst position, assisting in any portion of the analysis, including, but not limited to, reagent preparation; specimen counting, processing, or sample preparation; instrument maintenance, calibration, and operation; or performing actions which may result in recorded and documented analytical data. A forensic technician shall not offer formal interpretation of analytical data in reports or testimony; however, a forensic technician may provide recommendations limited to the scope of the performed analysis to the forensic analyst, written or otherwise. Results of any recorded data produced by a forensic technician shall be reviewed and co-signed by the forensic analyst.
"Forensic science" means the application of scientific principles and techniques to matters of criminal justice, especially as relating to the collection, examination, and analysis of physical evidence.
"Forensic science service provider" means a public or private laboratory or other entity that conducts forensic analysis.
"Forensic scientist" means a person who interprets the overall nature of evidence with regard to the investigative or medico-legal case context and within the scope of the forensic scientist's area of expertise. The interpretation includes the forensic examination of the case evidence. A forensic scientist shall have the requisite education, training, experience, and any other credentials required for a specific forensic specialty or subspecialty, including, but not limited to, forensic toxicology, chemistry, anthropology, DNA analysis, and other comparative or interpretive disciplines; and for which a forensic scientist may be qualified to testify before a court as an expert. A forensic scientist may also serve as a forensic analyst.
"Physical evidence" means any tangible object; digital media or data; material; or substance that is deemed to have the potential to establish that a crime or offense has been committed or establishes a link between a crime or offense and its perpetrator or victim. Physical evidence also may be used in civil investigations to establish or refute that a crime or offense took place or to explain or answer other related investigative questions.
2. a. There is established the New Jersey Forensic Science Planning Commission. The planning commission and permanent commission shall be in, but not of, the Administrative Office of the Courts. The Administrative Office of the Courts shall provide staff and administrative support to the planning commission.
b. The 23-member planning commission shall be composed of the following members:
(1) the Director of the Division of Criminal Justice in the Department of Law and Public Safety, or a designee, who shall serve ex officio;
(2) the Chief State Medical Examiner, or a designee, who shall serve ex officio;
(3) the Director of the Division of State Police Crime Laboratory, or a designee, who shall serve ex officio;
(4) the Public Defender of the State of New Jersey, who shall serve ex officio;
(5) one member of the General Assembly, appointed by the Governor upon recommendation of the Speaker of the General Assembly, who shall serve ex officio;
(6) one member of the Senate, appointed by the Governor upon recommendation of the President of the Senate, who shall serve ex officio;
(7) one New Jersey Supreme Court Justice, appointed by the Governor who shall serve ex officio;
(8) one New Jersey Superior Court judge, appointed by the Governor upon recommendation of the Chief Justice of the New Jersey Supreme Court, who shall serve ex officio;
(9) two members appointed by the Governor who shall be lab directors of county crime laboratories or their designees. One shall be from an ISO 17025 accredited laboratory and one shall be from a non-ISO 17025 accredited laboratory;
(10) one member appointed by the Governor, who shall be a statistician;
(11) one member appointed by the Governor, who shall be an expert in cognitive bias;
(12) four members appointed by the Governor, each who shall be a member of faculty from a different four-year institution of higher education in the State upon recommendation of the dean or provost of their respective institutions, with expertise representing the various fields of forensic science;
(13) one member appointed by the Governor, upon recommendation of the State Office of the Public Defender who represents an organization serving the wrongfully convicted;
(14) one member, appointed by the Governor who represents a private forensic science laboratory;
(15) one county prosecutor appointed by the Governor based upon the recommendation of the County Prosecutors Association of New Jersey;
(16) one defense attorney appointed by the Governor based upon the recommendation of the Association of Criminal Defense Lawyers of New Jersey;
(17) one member appointed by the Governor who shall be an individual exonerated of wrongful conviction; and
(18) two members appointed by the Governor who shall be representatives of forensic science professional organizations or societies upon recommendation of those associations.
c. All appointments to the planning commission shall be made within six months of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill). Each member of the planning commission shall serve for a term of two years.
d. The planning commission shall elect a chairperson and a vice chairperson from among its members to serve a two-year term. An executive secretary shall be appointed by the chair.
e. A vacancy on the planning commission shall be filled in the same manner as the original appointment to serve for the unexpired portion of the term.
f. Members of the planning commission shall serve without compensation, but shall be reimbursed for necessary expenses incurred in the performance of their duties as members of the planning commission and within the limits of funds appropriated for its purpose.
g. The planning commission shall be entitled to call to its assistance and avail itself of the services of the employees of any State, county, or municipal department, board, bureau, commission, or agency as it may require and as may be available to it for its purposes.
h. The planning commission
shall meet at the call of the chair at least once per month.
3. a. The planning commission shall study and make recommendations to establish a permanent New Jersey Forensic Science Commission that shall have Statewide oversight of persons, laboratories, facilities, and other entities related to the field of forensic science as determined by the planning commission. The planning commission shall determine elements necessary to establish the New Jersey Forensic Science Commission including, but not limited to, staff and funding allocations, membership, policies, and procedures. The purpose of the New Jersey Forensic Science Commission shall be to improve the field of forensic science through oversight and coordination of forensic science including, but not limited to:
(1) improving cooperation among forensic science providers and stakeholders;
(2) ensuring that national standards are implemented in practice, especially accreditation activities;
(3) coordinating State and other grant funding to address areas of need and opportunities to implement technological and operational innovations; and
(4) preventing or mitigating problems in forensic science laboratories or systems by serving in a role as investigator of misconduct and professional negligence.
b. The planning commission shall research and acquire information necessary to make recommendations for the establishment of the New Jersey Forensic Science Commission. The planning committee shall:
(1) collect relevant data concerning forensic science services in the State. The data shall include, but not be limited to, the number of cases utilizing physical evidence and forensic analysis each year; the number of forensic employees and their demographics; union representation; the annual budget for forensic laboratories located in the State; the population, size, demographics, and area served by each forensic laboratory in the State; the number of years each laboratory has been in service; and the services provided by and the available instrumentation in each laboratory;
(2) survey the publicly funded forensic laboratories located in the State. For each laboratory, the data shall include, but not be limited to: the organization chart and its reporting structure; the areas of analysis; the accreditation status; the level of certification; the budgetary structure; the training of the forensic analysts, technicians, and scientists; the internal systems to identify and correct errors; the system of peer review; the professional code of conduct and corrective actions; whether or how the laboratory participates in proficiency testing; the internship programs and hiring procedures; the populations or clients served; whether the standard operating procedures are publicly available; and whatlaboratory perceives to be its strengths and limitations;
(3) consult with criminal justice, legislative, forensic science professional, and advocacy groups, including but not limited to, law enforcement, scientists, legal, and victims' rights organizations, to ensure that the final recommendations made by the planning commission reflect input from all relevant stakeholders;
(4) research similar forensic science-related commissions or entities in other states and the authority and responsibilities granted in those jurisdictions;
(5) determine the existence of private laboratories in the State to which forensic analysis may be outsourced; and
(6) engage with the members of the public and impacted communities to seek input.
c. The planning committee shall provide broad outreach to the entities that will be affected by the New Jersey Forensic Science Commission, directly and indirectly, including but not limited to: county prosecutor's offices; the New Jersey Office of the Public Defender; county forensic laboratories; the Legislature; the Judiciary; law enforcement organizations; academic institutions; private forensic science providers; members of the public; the New Jersey State Bar Association; New Jersey forensic professional organizations; and advocacy groups.
d. The planning commission shall ensure that all meetings are conducted in accordance with the provisions of the "Senator Byron M. Baer Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.).
e. The planning commission shall maintain an Internet website on which meeting minutes, information related to the commission's work, recommendations submitted for public comment, and the commission's final report are publicly accessible.
4. a. Not later than the first day of the 23rd month following its organization the planning commission shall produce recommendations for the establishment of the New Jersey Forensic Science Commission as set forth in P.L. , c. (pending before the Legislature as this bill). The recommendations shall include, but not be limited to the:
(1) jurisdiction, scope of responsibility, duties, and authority of the commission;
(2) commission membership structure and staffing needs;
(3) appropriate level of funding and operational costs for the commission; and
(4) frequency of the commission's meetings and its communication structure.
b. The planning commission's recommendations shall be submitted for a public comment period of 30 days and posted on the Internet website maintained in accordance with subsection f. of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill). A report containing the final recommendations shall be submitted to the Governor and to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1) not later than 30 days following the conclusion of the public comment period. The planning commission shall expire upon submission of the report.
5. This act shall take effect on the first day of the fourth month next following the date of enactment.
STATEMENT
This bill establishes the New Jersey Forensic Science Planning Commission to make recommendations to establish a permanent New Jersey Forensic Science Commission.
The bill establishes the following 23 members of the planning commission: the Director of the Division of Criminal Justice in the Department of Law and Public Safety; the Chief State Medical Examiner; the Director of the Division of State Police Crime Laboratory; the Public Defender of the State of New Jersey; one member of the General Assembly; one member of the Senate; one New Jersey Supreme Court Justice; one New Jersey Superior Court judge; lab directors of two county crime laboratories; a statistician; an expert in cognitive bias; four members of faculty, each from a different four-year institution of higher education in the State, with expertise representing the various fields of forensic science; a representative of an organization serving the wrongfully convicted; a representative of a private forensic science laboratory; a county prosecutor; a defense attorney; an individual exonerated of wrongful conviction; and two representatives of forensic science professional organizations or societies.
The bill requires the planning commission to study and make recommendations to establish a permanent New Jersey Forensic Science Commission that will have Statewide oversight of persons, laboratories, facilities, and other entities related to the field of forensic science as determined by the planning commission. Under the bill, the planning commission is required to determine elements necessary to establish the permanent commission including, but not limited to, staff and funding allocations, membership, policies, and procedures. The purpose of the permanent commission will be to improve the field of forensic science through oversight and coordination of forensic science in the State.
The bill provides that within 22 months of organizing the planning commission is required to produce final recommendations for the establishment of the permanent commission. The recommendations are to include, but not be limited to the:
(1) jurisdiction, scope of responsibility, duties, and authority of the commission;
(2) commission membership structure and staffing needs;
(3) appropriate level of funding and operational costs for the commission; and
(4) frequency of the commission's meetings and its communication structure.
The recommendations are required to be submitted for a public comment period of 30 days. A report containing the final recommendations is required to be submitted to the Governor and the Legislature not later than 30 days following the conclusion of the public comment period. The planning commission will expire upon submission of the report.
