Bill Text: MI HB6026 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Law enforcement; other; forensic science commission; create and regulate forensic laboratories and certain providers. Creates new act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-05-22 - Bill Electronically Reproduced 05/17/2018 [HB6026 Detail]
Download: Michigan-2017-HB6026-Introduced.html
HOUSE BILL No. 6026
May 17, 2018, Introduced by Rep. Barrett and referred to the Committee on Judiciary.
A bill to create the forensic science commission; to prescribe
its powers and duties; to regulate forensic laboratories, forensic
science service providers, and forensic medical service providers;
and to prescribe the powers and duties of certain state agencies
and offices.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) This act shall be known and may be cited as the
"forensic science commission act".
(2) As used in this act:
(a) "Commission" means the forensic science commission created
in section 3.
(b) "Corrective action" means an action taken to control and
correct issues of and address the consequences of nonconformance.
(c) "Forensic medical service provider" means a forensic
medicine agency or forensic medicine practitioner providing
forensic medicine services.
(d) "Forensic medicine" means the application of medical
knowledge and practices to the investigation of the medicolegal
aspects of death, injury, neglect, or behavior.
(e) "Forensic medicine agency" means an entity, or an agency
of this state, that employs forensic medicine practitioners and
issues reports prepared by forensic medicine practitioners.
(f) "Forensic science" means the application of scientific or
technical practices to the recognition, collection, analysis, and
interpretation of evidence for criminal and civil law or regulatory
issues.
(g) "Forensic science agency" means an entity, or an agency of
this state, that employs forensic science practitioners and issues
reports prepared by forensic science practitioners.
(h) "Forensic science service provider" means a forensic
science agency or forensic science practitioner providing forensic
science services.
(i) "Nonconformance" means a mistake in the course of the
forensic science process that has affected the accuracy and
reliability of the work of forensic science or forensic medical
service providers.
Sec. 3. (1) The forensic science commission is created in the
legislative council.
(2) The commission consists of the following 10 members
appointed by the governor:
(a) One individual who has experience as a forensic scientist
in a supervisory role in the forensic science division of the
department of state police.
(b) One physician who is board certified as a pathologist and
has experience in forensic pathology.
(c) One individual who has experience as a forensic science
practitioner.
(d) One professor from a university in this state who has
research expertise in cognitive bias.
(e) One professor from a university in this state who has
expertise in statistics.
(f) Three professors from a university in this state, each of
whom has research expertise in a distinct field relevant to
forensic science.
(g) One individual selected from a list of 10 individuals
submitted by the Prosecuting Attorneys Association of Michigan.
(h) One individual selected from a list of 10 individuals
submitted by the Criminal Defense Attorneys of Michigan.
(3) The members first appointed to the commission must be
appointed within 90 days after the effective date of this act.
(4) Except as otherwise provided in this subsection, members
of the commission serve for terms of 4 years or until a successor
is appointed, whichever is later. Of the members first appointed,
the 2 members appointed under subsection (1)(g) and (h) shall serve
for 2 years, the 3 members appointed under subsection (1)(a), (b),
and (c) shall serve for 3 years, and the 5 members appointed under
subsection (1)(d), (e), and (f) shall serve for 4 years. The
governor may reappoint an individual who has previously served as a
member of the commission.
(5) If a vacancy occurs on the commission, the governor shall
make an appointment for the unexpired term in the same manner as
the original appointment.
(6) The governor may remove a member of the commission for
incompetence, dereliction of duty, malfeasance, misfeasance, or
nonfeasance in office, or any other good cause.
(7) The first meeting of the commission shall be called not
later than 180 days after the effective date of this act. At the
first meeting, the commission shall elect from among its members a
chairperson and other officers as it considers necessary or
appropriate. After the first meeting, the commission shall meet at
least quarterly, or more frequently if requested by 6 or more
members.
(8) Six of the members of the commission constitute a quorum
for the transaction of business at a meeting of the commission. At
least 6 of the members present and serving are required for
official action of the commission. A commission member may not vote
by proxy.
(9) The business that the commission may perform shall be
conducted at a public meeting of the commission held in compliance
with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(10) A writing prepared, owned, used, in the possession of, or
retained by the commission in the performance of an official
function is subject to the freedom of information act, 1976 PA 442,
MCL 15.231 to 15.246.
(11) Members of the commission shall serve without
compensation. However, members of the commission may be reimbursed
for their actual and necessary expenses incurred in the performance
of their official duties as members of the commission.
(12) The commission shall do all of the following:
(a) Establish and update policies and procedures to implement
this act.
(b) Engage criminal justice stakeholders and coordinate
resources within this state.
(c) On or before December 1 of each year, submit a report to
the legislature evaluating the needs and performance of the
forensic science division of the department of state police, the
forensic science service providers, and the forensic medical
service providers, and describing the work of the commission for
that year.
(13) The legislative council shall provide the commission with
suitable office space, staff, and necessary equipment.
Sec. 5. (1) The commission shall develop and implement a
system for the reporting of professional negligence, misconduct, or
nonconformance by or in a forensic laboratory that affects the
integrity of the forensic science or forensic medicine results.
(2) If an employee of a forensic laboratory or any other
individual has discovered, has suspicion, or has reason to believe
an act of professional negligence, misconduct, or nonconformance
has affected the integrity of forensic science or forensic medicine
results, that employee or individual may report that act in the
manner required by the commission.
(3) A forensic laboratory shall report an act of professional
negligence, misconduct, or nonconformance that has affected the
integrity of the forensic science or forensic medicine results in
the manner required by the commission.
Sec. 7. (1) The commission shall investigate the conduct and
operation of a forensic science or forensic medicine method,
technique, or analysis used in a criminal case if the commission
receives a report from any source alleging professional negligence,
misconduct, or nonconformance by or in a forensic laboratory and 6
or more members of the commission concur in the commission
investigating the conduct. An investigation under this subsection
is limited to the allegations in the report.
(2) The commission may investigate a forensic laboratory or
the use of a forensic discipline on its own initiative if 6 or more
members of the commission concur that an investigation of the
forensic laboratory or the use of a forensic discipline is
necessary to advance the integrity and reliability of forensic
science and forensic medicine in this state.
(3) The commission may examine or copy records or papers of
any forensic laboratory relating to any requirement under this act
while conducting an investigation under this section. A member of
the commission may issue a subpoena requiring a person to produce
any evidence pertaining to the question involved in the
investigation being conducted by the commission.
(4) The commission may create a committee of the following
members, who must not be individuals employed at the forensic
laboratory subject to the investigation, to assist the commission
in an investigation under this section:
(a) A member of the commission, who will serve as the
chairperson of the committee.
(b) An equal number of individuals from each of the following
groups:
(i) Criminal defense attorneys.
(ii) Prosecuting attorneys.
(iii) Law enforcement officers.
(c) An individual who is a forensic science practitioner with
knowledge of the laboratory system under investigation or of a
change in science that affects the integrity of the results of the
forensic analysis.
(d) An individual who is an independent forensic science
practitioner with subject matter expertise.
(e) An individual who is a statistician.
(f) An individual who is a researcher in the relevant
scientific discipline.
(5) After the completion of an investigation under this
section, the commission shall create a report that contains all of
the following:
(a) A description of the allegation in the report received
under subsection (1) or the basis for an investigation initiated by
the commission under subsection (2).
(b) The name and location of the forensic laboratory and the
name of any analyst that is the subject of the investigation.
(c) The disposition of the investigation.
(d) If corrective action was taken by the forensic laboratory,
a description of that action.
(e) Findings regarding the integrity and reliability of the
conduct or operation of a forensic science or forensic medicine
method, technique, or analysis and recommendations for best
practices.
(6) The commission shall make a report created under
subsection (5) available to the public on the internet and shall
submit that report to the supreme court, the standing committees of
the senate and house of representatives concerning the judiciary,
the attorney general, the Prosecuting Attorneys Association of
Michigan, the appellate defender office, and the Criminal Defense
Attorneys of Michigan.
(7) The commission shall develop and implement a defendant
notification procedure for investigations conducted under this
section that includes all of the following:
(a) Notification to institutional stakeholders, the defendant
in the criminal case, and that defendant's attorney, if applicable,
the disposition, if that disposition includes a finding that an act
of professional negligence, misconduct, nonconformance, or a change
in science affected the integrity of the results of a forensic
analysis.
(b) A requirement that the defendant in the criminal case
acknowledge receipt of the information described under this
subsection and a method for the commission to receive the
acknowledgment.
(c) A description of the technical issue and a written summary
of the facts.
(d) A referral to relevant resources, including, but not
limited to, public defenders.
(e) A protocol for the commission to provide potentially
affected defendants with information regarding relevant resources.
(8) The commission may create a committee of members from the
following groups to assist the commission in developing the
notification procedure under subsection (7):
(a) Forensic science division of the department of state
police.
(b) Forensic medical service providers.
(c) Prosecutors.
(d) Defense attorneys.
(e) Judges.
Sec. 9. The commission may not issue a finding related to the
guilt or innocence of a party in an underlying trial or any pending
case involving conduct investigated by the commission.
Sec. 11. (1) Beginning January 1, 2020, a forensic laboratory
in this state that conducts forensic analysis must be accredited by
an accrediting body that requires conformance to the appropriate
quality assurance standards required by the Federal Bureau of
Investigation and to forensic-specific requirements, and that is a
signatory to the International Laboratory Accreditation Cooperation
Mutual Recognition Arrangements for Testing Laboratories.
(2) Beginning January 1, 2020, forensic science service
providers that provide forensic science services in this state and
forensic medical service providers that provide forensic medicine
services in this state must be accredited by an accrediting body
that requires conformance to forensic-specific requirements and
that is a signatory to the International Laboratory Accreditation
Cooperation Mutual Recognition Arrangements for Testing
Laboratories.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.
