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.

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