Bill Text: VA HB575 | 2024 | Regular Session | Comm Sub
Bill Title: Persons employed to perform forensic science duties; training and certification, policies.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2024-02-13 - Left in Appropriations [HB575 Detail]
Download: Virginia-2024-HB575-Comm_Sub.html
Be it enacted by the General Assembly of Virginia:
1. That §9.1-1110 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding in Article 1 of Chapter 17 of Title 15.2 a section numbered 15.2-1723.3 and by adding a section numbered 23.1-815.2 as follows:
§9.1-1110. Functions of Forensic Science Board.
A. The Board shall have the power and duty to:
1. Adopt regulations, pursuant to the Administrative Process
Act (§2.2-4000 et seq.), for the administration of (i) this chapter or (ii) §§
15.2-1723.3, 18.2-268.6, 18.2-268.9, 19.2-188.1, and 19.2-310.5,
and 23.1-815.2 and for any provisions of the Code as they relate to the
responsibilities of the Department. Any proposed regulations concerning the
privacy, confidentiality, and security of criminal justice information or DNA
identification shall be submitted for review and comment to any board,
commission, or committee or other body that may be established by the General
Assembly to regulate the privacy, confidentiality, and security of information
collected and maintained by the Commonwealth or any political subdivision
thereof;
2. Develop and establish program and fiscal standards and goals governing the operations of the Department;
3. Ensure the development of long-range programs and plans for the incorporation of new technologies as they become available;
4. Review and comment on all budgets and requests for appropriations for the Department prior to their submission to the Governor and on all applications for federal funds;
5. Monitor the activities of the Department and its effectiveness in implementing the standards and goals of the Board;
6. Advise the Governor, Director, and General Assembly on matters relating to the Department and forensic science in general;
7. Review, amend, and approve recommendations of the Scientific Advisory Committee;
8. Monitor the receipt, administration, and expenditure of all funds and other assistance available for carrying out the purposes of this chapter;
9. Approve Department applications for grants from the United States government or any other source in carrying out the purposes of this chapter and approve of acceptance of any and all donations both real and personal, and grants of money from any governmental unit or public agency, or from any institution, person, firm or corporation, and may receive, utilize and dispose of the same. With regard to any grants of money from a governmental or public agency, the Board may delegate or assign the duties under this subdivision to the chairman of the Board who may, with the concurrence of the vice-chairman and in consultation with the Director, make such determinations. Any grants or donations received pursuant to this section shall be detailed in the annual report of the Board. The report shall include the identity of the donor, the nature of the transaction, and the conditions, if any. Any moneys received pursuant to this section shall be deposited in the state treasury to the account of the Department;
10. Monitor all contracts and agreements necessary or incidental to the performance of the duties of the Department and execution of its powers under this chapter, including but not limited to, contracts with the United States, units of general local government or combinations thereof, in Virginia or other states, and with agencies and departments of the Commonwealth; and
11. Recommend actions to foster and promote coordination and cooperation between the Department and the user programs that are served.
B. By November 1 of each year, the Board shall review and make recommendations to the Chairmen of the House Committee on Appropriations, the Senate Committee on Finance and Appropriations, and the Crime Commission concerning:
1. New major programs and plans for the activities of the Department and elimination of programs no longer needed;
2. Policy and priorities in response to agency needs;
3. General fiscal year operational budget and any major changes in appropriated funds;
4. Actions to foster and promote coordination and cooperation between the Department and the user programs which are served;
5. Rules and regulations necessary to carry out the purposes and intent of this chapter; and
6. Any recommendations submitted to the Board or the Director by the Scientific Advisory Committee.
§15.2-1723.3. Crime laboratories operated by local law-enforcement agencies; accreditation.
A. For purposes of this section:
"Forensic laboratory" means a laboratory or other entity that conducts a forensic laboratory analysis.
"Forensic laboratory analysis" means a medical, chemical, toxicological, 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. "Forensic laboratory analysis" does not include (i) an autopsy conducted by a medical examiner or other forensic pathologist who is a licensed physician; (ii) a latent print examination; (iii) a breath test in accordance with § 18.2-268.9, 29.1-738.2, or 46.2-341.26:9; (iv) an examination or test of digital or electronic evidence; (v) a presumptive chemical test or any presumptive mobile instrument used to detect the presence of drugs or alcohol; or (vi) an examination conducted with equipment approved by a federal agency in a manner not inconsistent with any requirements, if developed, by such agency, such as those specific to National Integrated Ballistic Information Network Sites.
B. No local law-enforcement agency shall operate a forensic laboratory unless such forensic laboratory is accredited by an accrediting body that requires conformance to forensic-specific requirements and that is a signatory to the International Laboratory Accreditation Cooperation (ILAC) Mutual Recognition Arrangement with a scope of accreditation that covers the testing being performed.
C. No local law-enforcement agency shall purchase any equipment or any instrument that is intended to be used in forensic laboratory analysis unless such equipment or instrument has been approved by the Department of Forensic Science or the Forensic Science Board, including such equipment or instrument that has been published in the Virginia Register of Regulations in the list of approved devices.
D. No local law-enforcement agency shall purchase any breath test device that is to be used in accordance with §18.2-268.9, 29.1-738.2, or 46.2-341.26:9 or any presumptive chemical test or any presumptive mobile instrument to detect the presence of drugs or alcohol unless such tests have been approved by the Department of Forensic Science or the Forensic Science Board, including such tests that have been published in the Virginia Register of Regulations in the list of approved devices.
E. Nothing in this section shall prevent the Commonwealth from introducing relevant and admissible evidence, including expert testimony.
§23.1-815.2. Crime laboratories operated by campus police departments; accreditation.
A. For purposes of this section:
"Forensic laboratory" means a laboratory or other entity that conducts a forensic laboratory analysis.
"Forensic laboratory analysis" means a medical, chemical, toxicological, 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. "Forensic laboratory analysis" does not include (i) an autopsy conducted by a medical examiner or other forensic pathologist who is a licensed physician; (ii) a latent print examination; (iii) a breath test in accordance with § 18.2-268.9, 29.1-738.2, or 46.2-341.26:9; (iv) an examination or test of digital or electronic evidence; (v) a presumptive chemical test or any presumptive mobile instrument used to detect the presence of drugs or alcohol; or (vi) an examination conducted with equipment approved by a federal agency in a manner not inconsistent with any requirements, if developed, by such agency, such as those specific to National Integrated Ballistic Information Network Sites.
B. No campus police department at a public institution of higher education shall operate a forensic laboratory unless such forensic laboratory is accredited by an accrediting body that requires conformance to forensic-specific requirements and that is a signatory to the International Laboratory Accreditation Cooperation (ILAC) Mutual Recognition Arrangement with a scope of accreditation that covers the testing being performed.
C. No campus police department at a public institution of higher education shall purchase any equipment or any instrument that is intended to be used in forensic laboratory analysis unless such equipment or instrument has been approved by the Department of Forensic Science or the Forensic Science Board, including such equipment or instrument that has been published in the Virginia Register of Regulations in the list of approved devices.
D. No campus police department at a public institution of higher education shall purchase any breath test device that is to be used in accordance with §18.2-268.9, 29.1-738.2, or 46.2-341.26:9 or any presumptive chemical test or any presumptive mobile instrument to detect the presence of drugs or alcohol unless such tests have been approved by the Department of Forensic Science or the Forensic Science Board, including such tests that have been published in the Virginia Register of Regulations in the list of approved devices.
E. Nothing in this section shall prevent the Commonwealth from introducing relevant and admissible evidence, including expert testimony.
2. That the provisions of this act shall become effective on January 1, 2028.
