Bill Text: NJ A4507 | 2022-2023 | Regular Session | Introduced
Bill Title: Establishes "New Jersey Forensic Science Commission."
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2022-09-22 - Introduced, Referred to Assembly Law and Public Safety Committee [A4507 Detail]
Download: New_Jersey-2022-A4507-Introduced.html
Sponsored by:
Assemblywoman CAROL A. MURPHY
District 7 (Burlington)
SYNOPSIS
Establishes "New Jersey Forensic Science Commission."
CURRENT VERSION OF TEXT
As introduced.
An Act concerning forensic science and supplementing Title 2A of the New Jersey Statutes.
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):
"Accredited field of forensic science" means a specific forensic method or methodology validated or approved by the commission.
"Commission" means the New Jersey Forensic Science Commission.
"Crime laboratory" means a public or private laboratory or other entity that conducts a forensic analysis.
"Forensic analysis" means a medical, chemical, toxicologic, ballistic, or other expert examination or test performed on physical evidence, including DNA evidence, for the purpose of determining the connection of the evidence to a criminal action, except that the term does not include the portion of an autopsy conducted by a medical examiner or other forensic pathologist who is a licensed physician. The term does not include: latent print examination; a test of a specimen of breath collected pursuant to R.S.39:4-50; digital evidence; a presumptive test performed for the purpose of determining compliance with a term or condition of probation, community supervision, or parole; an expert examination or test conducted principally for the purpose of scientific research, medical practice, civil or administrative litigation; or other purpose unrelated to determining the connection of physical evidence to a criminal action.
"Forensic analyst" means a person who on behalf of a crime laboratory accredited under this article technically reviews or performs a forensic analysis or draws conclusions from or interprets a forensic analysis for a court or crime laboratory. The term does not include a medical examiner or other forensic pathologist who is a licensed physician.
"Forensic examination or test not subject to accreditation" means a latent print examination; a test of a specimen of breath, collected pursuant to R.S.39:4-50; digital evidence; a presumptive test performed for the purpose of determining compliance with a term or condition of probation, community supervision, or parole; an expert examination or test conducted principally for the purpose of scientific research, medical practice, civil or administrative litigation; or other purpose unrelated to determining the connection of physical evidence to a criminal action.
"Physical evidence" means any tangible object, thing, or substance relating to a criminal action.
2. a. There is established the New Jersey Forensic Science Commission. The 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 commission. The commission shall be composed of eleven members appointed as follows:
(1) the Attorney General or a designee, who shall serve ex officio;
(2) two county prosecutors, appointed by the Governor based upon the recommendation of the County Prosecutors Association of the State of New Jersey;
(3) the Public Defender or a designee, who shall serve ex officio;
(4) two members appointed by the Governor, based on the recommendation made by the chancellor of Rutgers University School of Biomedical and Health Sciences, one of whom shall be a faculty member or staff member of Rutgers New Jersey Medical School and one of whom shall be a faculty member or staff member of Robert Wood Johnson Medical School, each of who shall specialize in clinical laboratory medicine;
(5) one member appointed by the Governor, who shall be a faculty member or staff member of Cooper Medical School of Rowan University, based on the recommendation made by the dean of Cooper Medical School of Rowan University;
(6) two members one each appointed by the Senate President and the Speaker of the General Assembly, who shall be a faculty member or staff member of a four-year institution of higher education with expertise in the fields of criminal justice, forensic science, or statistical analyses; and
(7) two public members one each appointed by the Senate President and the Speaker of the General Assembly, who shall have expertise in the field of forensic science.
b. All appointments to the 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 commission shall serve for a term of three years and until a successor is appointed. Public members shall be eligible for reappointment. A vacancy occurring other than by expiration shall be filled in the same manner as the original appointment for the unexpired term. The chair of the commission shall be selected from among its members by the Governor.
c. Members of the commission shall serve without compensation, but shall be reimbursed for necessary expenses incurred in the performance of their duties as members of the commission and within the limits of funds appropriated or otherwise made available to the commission for its purpose.
d. The 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.
3. a. The commission shall establish a code of professional responsibility to regulate the conduct of persons, laboratories, facilities, and other entities regulated pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill). The commission shall adopt rules establishing penalties for code violations.
b. The commission shall update the code of professional responsibility as necessary to reflect changes in science, technology, or other factors affecting the persons, laboratories, facilities, and other entities regulated pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).
4. a. It shall be the duty of the commission to develop and implement a reporting system through which a crime laboratory may report professional negligence or professional misconduct. The commission shall require a crime laboratory that conducts forensic analyses to report professional negligence or professional misconduct through the reporting system. Upon receiving a report of professional negligence or misconduct, the commission shall investigate, in a timely manner, any allegation of professional negligence or professional misconduct that would substantially affect the integrity of: the results of a forensic analysis conducted by a crime laboratory; an examination or test that is conducted by a crime laboratory and that is a forensic examination or test not subject to accreditation; or testimony related to an analysis, examination, or test described in this subsection.
b. The commission may initiate an investigation of a forensic analysis or a forensic examination or test not subject to accreditation, without receiving a complaint submitted through the reporting system established pursuant to subsection a. of this section if the commission determines by a majority vote of a quorum of the members of the commission that an investigation of the analysis, examination, or test would advance the integrity and reliability of forensic science in this State.
c. If the commission conducts an investigation of a crime laboratory accredited pursuant to section 9 of P.L. , c. (C. ) (pending before the Legislature as this bill), an allegation of professional negligence or professional misconduct involving an accredited field of forensic science the investigation:
(1) shall include the preparation of a written report that identifies and describes the methods and procedures used to identify: the alleged negligence or misconduct; whether negligence or misconduct occurred; any corrective action required of the laboratory, facility, or entity; observations of the commission regarding the integrity and reliability of the forensic analysis conducted; best practices identified by the commission during the course of the investigation; and any other recommendations that are relevant, as determined by the commission; and
(2) may include retrospective reexaminations of other forensic analyses conducted by the laboratory, facility, or entity that may involve the same kind of negligence or misconduct; and follow-up evaluations of the laboratory, facility, or entity to review the implementation of any corrective action required pursuant to this subsection or the conclusion of any retrospective reexamination.
d. If the commission conducts an investigation of a crime laboratory that is not accredited or the investigation involves a forensic examination or test not subject to accreditation, the investigation may include the preparation of a written report that contains: observations of the commission regarding the integrity and reliability of the applicable analysis, examination, or test conducted;
best practices identified by the commission during the course of the investigation; or other recommendations that are relevant, as determined by the commission.
e. If the commission conducts an investigation of a forensic analysis the investigation shall be required to include the preparation of a written report that contains: observations of the commission regarding the integrity and reliability of the forensic analysis conducted; best practices identified by the commission during the course of the investigation; and other recommendations that are relevant, as determined by the commission.
f. The commission by contract may delegate the duties described by subsections a. through e. of this section to any person the commission determines to be qualified to assume those duties.
g. The commission may require that a crime laboratory investigated under this section pay any costs incurred to ensure compliance with the outcome of any investigation conducted pursuant to this section.
h. The commission shall make all investigation reports completed pursuant to this section available to the public, including publishing each report to an Internet website maintained by the Administrative Office of the Courts.
i. A report completed pursuant to subsections d. and e. of this section, in a subsequent civil or criminal proceeding, shall not be prima facie evidence of the information or findings contained in the report.
j. The commission may not make a determination of whether professional negligence or professional misconduct occurred or issue a finding on that question in an investigation initiated under subsection b. of this section or for which an investigation report may be prepared under subsection d. of this section.
k. The commission may not issue a finding related to the guilt or innocence of a party in an underlying civil or criminal trial involving conduct investigated by the commission under this article.
5. a. The commission shall establish:
(1) the qualifications for a license, which shall include:
(a) successful completion of the education requirements established by the commission;
(b) specific course work and experience, including instruction in courtroom testimony and ethics in a crime laboratory;
(c) successful completion of an examination required or recognized by the commission; and
(d) successful completion of proficiency testing to the extent required for crime laboratory accreditation;
(2) fees for the issuance and renewal of a license; and
(3) the term of a forensic analyst license.
b. A person may not act or offer to act as a forensic analyst unless the person holds a forensic analyst license issued pursuant to subsection b. of this section.
c. The commission may establish:
(1) classifications of forensic analyst licenses if the commission determines that it is necessary to ensure the availability of properly trained and qualified forensic analysts to perform activities regulated by the commission; and
(2) voluntary licensing programs for forensic examinations or tests not subject to accreditation.
d. The commission may recognize a certification issued by a national organization in an accredited field of forensic science as satisfying the requirements established pursuant to subsection b. of this section, to the extent the commission determines the content required to receive the certification is substantially equivalent to the content of the requirements under that subsection.
e. The commission shall issue a license to an applicant who:
(1) submits an application on a form prescribed by the commission;
(2) meets the qualifications established by commission; and
(3) pays the required fee.
6. a. The commission shall establish an advisory committee to advise the commission and make recommendations on matters related to the licensing of forensic analysts pursuant to section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill). The advisory committee consists of nine members as follows:
(1) one prosecuting attorney recommended by the County Prosecutor's Association of New Jersey;
(2) one defense attorney recommended by the Association of Criminal Defense Lawyers of New Jersey; and
(3) seven members who are forensic scientists, crime laboratory directors, or crime laboratory quality managers, selected by the commission from a list of 20 names submitted by the Governor.
b. The commission shall ensure that appointments made pursuant to paragraph (3) of subsection a. of this section include representation from municipal, county, State, and private crime laboratories that are accredited under this article.
c. The advisory committee members shall serve staggered two-year terms, with the terms of four or five members, as appropriate, expiring on December 31 of each year. An advisory committee member may not serve more than two consecutive terms. A vacancy on the advisory committee shall be filled by appointing a member in the same manner as the original appointment to serve for the unexpired portion of the term.
d. The advisory committee shall elect a chairperson from among its members to serve a one-year term. A member may serve more than one term as chairperson.
e. The advisory committee shall meet annually and at the call of the chairperson or the commission.
f. An advisory committee member shall not be entitled to compensation. A member shall be entitled to reimbursement for actual and necessary expenses incurred in performing duties as a member of the advisory committee.
7. a. Upon determination by the commission that a license holder has committed professional misconduct or otherwise violated P.L. , c. (C. ) (pending before the Legislature as this bill), the commission may:
(1) revoke or suspend the person's license;
(2) refuse to renew the person's license; or
(3) reprimand the license holder.
b. The commission may place on probation a person whose license is suspended. If a license suspension is probated, the commission may require the license holder to:
(1) report regularly to the commission on matters that are the basis of the probation; or
(2) continue or review continuing professional education until the license holder attains a degree of skill satisfactory to the commission in those areas that are the basis of the probation.
c. The commission shall provide written notice by certified mail of a determination made pursuant to subsection a. or b. of this section to a license holder who is the subject of the determination. The notice shall:
(1) include a brief summary of the alleged misconduct or violation;
(2) state the disciplinary action taken by the commission; and
(3) inform the license holder of the license holder's right to a hearing before the commission on the occurrence of the misconduct or violation, the imposition of disciplinary action, or both.
d. Upon receipt of the notice issued pursuant to subsection c. of this section, a license holder shall have 20 day days to request a hearing. The request shall be made in writing. If the license holder fails to timely submit a request, the commission's disciplinary action becomes final and is not subject to review.
e. If the license holder makes a timely request for a hearing, the commission shall conduct a hearing to determine whether there is substantial evidence to support the determination that the license holder committed professional misconduct or otherwise violated this article or a commission rule or order under this article. If the commission upholds the determination, disciplinary action shall stand.
8. a. The commission shall establish an accreditation process for crime laboratories and other entities conducting forensic analyses of physical evidence for use in criminal proceedings, and may modify or remove a crime laboratory exemption under this section if the commission determines that the underlying reason for the exemption no longer applies.
b. As part of the accreditation process established and implemented under subsection a. of this section the commission may:
(1) establish minimum standards that relate to the timely production of a forensic analysis to the agency requesting the analysis and that are consistent with this article and applicable laws;
(2) validate or approve specific forensic methods or methodologies; and
(3) establish procedures, policies, standards, and practices to improve the quality of forensic analyses conducted in this State.
c. The commission may require that a laboratory, facility, or entity required to be accredited under this section pay any costs incurred to ensure compliance with the accreditation process.
d. A laboratory, facility, or entity required to be accredited under this section shall agree, as part of the accreditation process, to consent to any request for cooperation by the commission that is made as part of the exercise of the commission's duties under this article.
e. The commission may exempt from the accreditation process a crime laboratory conducting a forensic analysis or a type of analysis, examination, or test if the commission determines that:
(1) independent accreditation is unavailable or inappropriate for the laboratory or the type of analysis, examination, or test performed by the laboratory;
(2) the type of analysis, examination, or test performed by the laboratory is admissible under a well-established rule of evidence;
(3) the type of analysis, examination, or test performed by the laboratory is routinely conducted outside of a crime laboratory by a person other than an employee of the crime laboratory; or
(4) the laboratory:
(a) is located outside this State or, if located in this State, is operated by a governmental entity other than the State or a political subdivision of the State; and
(b) was accredited at the time of the analysis under an accreditation process with standards that meet or exceed the relevant standards of the process established pursuant to this section.
f. The commission may at any reasonable time enter and inspect the premises or audit the records, reports, procedures, or other quality assurance matters of a crime laboratory that is accredited or seeking accreditation under this section.
g. The commission may collect costs incurred under this section for accrediting, inspecting, or auditing a crime laboratory.
h. If the commission provides a copy of an audit or other report made under this section, the commission may charge $10 for the copy.
9. a. On or before December 31 of each calendar year, the commission shall prepare and publish a report that includes:
(1) a description of each complaint filed with the commission during the preceding 12-month period, the disposition of each complaint, and the status of any complaint still pending on December 31;
(2) a description of any specific forensic method or methodology the commission designates as part of the accreditation process for crime laboratories established by rule under this article;
(3) recommendations for best practices concerning the definition of "forensic analysis";
(4) developments in forensic science made or used in other state or federal investigations and the activities of the commission, if any, with respect to those developments; and
(5) other information that is relevant to investigations involving forensic science, as determined by the chairperson of the commission.
b. The annual report prepared pursuant to subsection a. of this section shall be submitted to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1).
10. a. Information filed as part of an allegation of professional misconduct or professional negligence or that is obtained during an investigation of an allegation of professional misconduct or professional negligence shall not be made available to the general public pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.), commonly known as the open public records act.
b. A written report prepared by the commission under this article is not admissible in a civil or criminal action.
11. a. There is created in the Department of the Treasury a nonlapsing fund entitled the "New Jersey Forensic Science Commission Fund." The fund shall be the depository for any State appropriations or fees collected pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).
b. Funds within the New Jersey Forensic Science Commission Fund may be used by the commission for the administration and enforcement of P.L. , c. (C. ) (pending before the Legislature as this bill) and for the training and education of forensic analysts.
12. This act shall take effect on the first day of thirteenth month next following the date of enactment except that the Administrative Director of the Administrative Office of the Courts may take any anticipatory action in advance as shall be necessary for the implementation of this act.
STATEMENT
This bill establishes the New Jersey Forensic Science Commission.
Under the bill, the commission would establish a code of professional responsibility for forensic science analysts and crime laboratories; develop and implement a reporting system through which a crime laboratory may report professional negligence or professional misconduct; investigate reports of professional negligence or misconduct; initiate investigations of professional negligence or misconduct; establish licensing and disciplinary measures for forensic analysts; and establish an accreditation process for crime laboratories and other entities conducting forensic analyses of physical evidence for use in criminal proceedings.
The commission would be composed of eleven members appointed as follows:
(1) the Attorney General or a designee, serving ex officio;
(2) two county prosecutors, appointed by the Governor based upon the recommendation of the County Prosecutors Association of the State of New Jersey;
(3) the Public Defender or a designee, serving ex officio;
(4) two members appointed by the Governor, based on the recommendation made by the chancellor of Rutgers University School of Biomedical and Health Sciences, one of whom would be required to be a faculty member or staff member of Rutgers New Jersey Medical School and the other of whom would be required to be a faculty member or staff member of Robert Wood Johnson Medical School. Each would be required to specialize in clinical laboratory medicine;
(5) one member appointed by the Governor, who would be required to be a faculty member or staff member of Cooper Medical School of Rowan University, based on the recommendation made by the dean of Cooper Medical School of Rowan University;
(6) two members one each appointed by the Senate President and the Speaker of the General Assembly, who would be required to be a faculty member or staff member of a four-year institution of higher education with expertise in the fields of criminal justice, forensic science, or statistical analyses; and
(7) two public members one each appointed by the Senate President and the Speaker of the General Assembly, who have expertise in the field of forensic science.
The commission members would serve without pay, but would have staff and support provided by the Administrative Office of the Courts.
