Bill Text: MI SB0277 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Law enforcement; other; forensic science commission definitions act; create. Creates new act. TIE BAR WITH: SB 0276'19
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2019-10-15 - Referred To Committee Of The Whole With Substitute (s-1) [SB0277 Detail]
Download: Michigan-2019-SB0277-Introduced.html
SENATE BILL No. 277
April 18, 2019, Introduced by Senators CHANG and BARRETT and referred to the Committee on Judiciary and Public Safety.
A bill to provide definitions for the forensic science
commission act.
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 definitions act".
(2) As used in the forensic science commission act:
(a) "Commission" means the forensic science commission created
in section 3 of the forensic science commission act.
(b) "Corrective action" means an action taken to control and
correct issues of and address the consequences of nonconformance.
(c) "Forensic 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 analysis includes an examination or test requested
by a law enforcement agency, prosecuting attorney, criminal suspect
or defendant, or court in a criminal action. Forensic analysis does
not include an expert examination or test, including, but not
limited to, a statistical or engineering analysis, conducted for
the purpose of opining on a specific aspect of the forensic
evidence or the type of forensic test utilized, or 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.
(d) "Forensic analyst" means an individual who technically
reviews or performs a forensic analysis or draws conclusions from
or interprets a forensic analysis for a forensic laboratory.
(e) "Forensic laboratory" includes a public or private
laboratory or other entity that conducts a forensic analysis.
(f) "Forensic medical service provider" means a forensic
medicine agency or forensic medicine practitioner providing
forensic medicine services.
(g) "Forensic medicine" means the application of medical
knowledge and practices to the investigation of the medicolegal
aspects of death, injury, neglect, or behavior.
(h) "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.
(i) "Forensic science" means the field of study of medical,
chemical, toxicological, ballistic, or other expert examinations or
tests performed on physical evidence, including DNA evidence, for
the purpose of determining the connection of the evidence to a
criminal action, except that forensic science does not include the
study of the portion of an autopsy conducted by a medical examiner
or other forensic pathologist who is a licensed physician.
(j) "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.
(k) "Forensic science service provider" means a forensic
science agency or forensic science practitioner providing forensic
science services.
(l) "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 service providers.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.
Enacting section 2. This act does not take effect unless
Senate Bill No. 276
of the 100th Legislature is enacted into law.