Bill Text: MN HF2156 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Forensic laboratory accreditation provided.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2014-04-09 - HF indefinitely postponed [HF2156 Detail]
Download: Minnesota-2013-HF2156-Engrossed.html
1.2relating to public safety; providing for accreditation of forensic laboratories;
1.3proposing coding for new law in Minnesota Statutes, chapter 299C.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. [299C.157] FORENSIC LABORATORIES; ACCREDITATION.
1.6 Subdivision 1. Definitions. For purposes of this section, the following terms have
1.7the meanings given:
1.8(1) "forensic analysis" means the application of scientific knowledge and
1.9methodology by an individual who:
1.10(i) has or should have specialized training and utilizes standardized procedures to
1.11conduct examinations on items of evidence;
1.12(ii) forms an opinion or conclusion based on the outcome of the procedure or
1.13comparison under item (i) and the individual's training, experience, or both, and writes a
1.14report including the individual's conclusions; and
1.15(iii) has the potential to offer expert testimony of the individual's analysis in a court
1.16of law.
1.17Forensic analysis does not pertain to activities limited to evidence documentation,
1.18collection, screening, processing, preservation, or storage.
1.19(2) "forensic laboratory" means a publicly financed laboratory within the state that
1.20conducts forensic analysis on items of evidence that are part of or have the potential to be
1.21used in a criminal investigation. The term does not include the following laboratories:
1.22(i) medical examiners and coroners;
1.23(ii) educational institutions; and
1.24(iii) clinical laboratories and medical facilities.
2.1 Subd. 2. Forensic laboratories; mandatory accreditation; posting on Web site.
2.2(a) A forensic laboratory operating on or after January 1, 2015, that conducts forensic
2.3analysis in the disciplines of DNA, must: (1) be accredited by an accrediting body that
2.4requires conformance to the appropriate quality assurance standards set forth by the Federal
2.5Bureau of Investigation (Quality Assurance Standards for DNA Testing Laboratories or
2.6Quality Assurance Standards for Databasing Laboratories), forensic-specific requirements
2.7and which is a signatory to the International Laboratory Accreditation Cooperation
2.8(ILAC) Mutual Recognition Arrangements for Testing Laboratories (ISO/IEC 17025); or
2.9(2) have begun the formal process of seeking accreditation under clause (1) and follow
2.10the standards necessary for accreditation.
2.11(b) A forensic laboratory operating on or after January 1, 2015, that conducts
2.12forensic analysis in the disciplines of toxicology, identification of controlled substances, or
2.13trace evidence must: (1) be accredited by an accrediting body that requires conformance to
2.14forensic-specific requirements and which is a signatory to the ILAC Mutual Recognition
2.15Arrangements for Testing Laboratories (ISO/IEC 17025); or (2) have begun the formal
2.16process of seeking accreditation under clause (1) and follow the standards necessary for
2.17accreditation.
2.18(c) A forensic laboratory operating on or after January 1, 2015, that conducts forensic
2.19analysis in the disciplines of latent print, impression evidence, firearms, toolmarks,
2.20questioned documents, or bloodstain pattern analysis must: (1) be accredited by an
2.21accrediting body that requires conformance to forensic-specific requirements and which
2.22is a signatory to the ILAC Mutual Recognition Arrangements for Testing Laboratories
2.23(ISO/IEC 17025) or Inspection Agencies (ISO/IEC 17020); or (2) have begun the formal
2.24process of seeking accreditation under clause (1) and follow the standards necessary for
2.25accreditation.
2.26(d) No forensic laboratory may operate on or after July 1, 2015, unless:
2.27(1) it is accredited as provided in paragraph (a), (b), or (c); or
2.28(2) for laboratories that have either begun or resumed operation after a hiatus on or
2.29after July 1, 2011, the laboratory complies with paragraph (a), clause (2); paragraph (b),
2.30clause (2); or paragraph (c), clause (2), and becomes accredited within three years of the
2.31effective date of this act or beginning operation, whichever is later.
2.32(e) An accredited forensic laboratory operating on or after July 1, 2015, may conduct
2.33forensic analysis in a new forensic discipline as provided in this paragraph. If the standard
2.34described in paragraph (a), (b), or (c), under which the laboratory is accredited applies to
2.35the new discipline, the laboratory must become accredited in the new discipline under the
2.36appropriate standard within one year of when it first begins conducting forensic analysis in
3.1the new discipline. If the standard described in paragraph (a), (b), or (c), under which the
3.2laboratory is accredited does not apply to the new discipline, the laboratory must become
3.3accredited in the new discipline under the appropriate standard within three years of when
3.4it first begins conducting forensic analysis in the new discipline. A laboratory seeking
3.5accreditation in a new discipline under this paragraph must follow the standards necessary
3.6for accreditation during the period before accreditation.
3.7(f) Notwithstanding paragraphs (d) and (e), upon the written request of a laboratory
3.8that contains the specific reasons for the request, the commissioner of public safety may
3.9extend by one year the three-year and one-year periods described in paragraphs (d) and (e)
3.10by which a laboratory must become initially accredited or accredited in a new discipline.
3.11Each deadline may be extended only once.
3.12(g) A forensic laboratory must forward to the commissioner of public safety copies
3.13of the laboratory's certificate of accreditation and scope of accreditation or, every six
3.14months, an affirmation that the laboratory is in compliance with paragraph (a), clause (2);
3.15paragraph (b), clause (2); or paragraph (c), clause (2). A forensic laboratory seeking
3.16accreditation in a new discipline must forward to the commissioner every six months an
3.17affirmation that the laboratory is in compliance with paragraph (e). The commissioner
3.18shall post these items on the department's Web site. In addition, the commissioner shall
3.19post any approved requests for extensions of a laboratory's deadline to become accredited
3.20along with the laboratory's stated reasons for the extension. The commissioner shall ensure
3.21that the Web site is kept up to date and delete affirmations of compliance with paragraph
3.22(a), clause (2); paragraph (b), clause (2); paragraph (c), clause (2); and paragraph (e) once
3.23the laboratory has achieved accreditation or is no longer working towards accreditation.
1.3proposing coding for new law in Minnesota Statutes, chapter 299C.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. [299C.157] FORENSIC LABORATORIES; ACCREDITATION.
1.6 Subdivision 1. Definitions. For purposes of this section, the following terms have
1.7the meanings given:
1.8(1) "forensic analysis" means the application of scientific knowledge and
1.9methodology by an individual who:
1.10(i) has or should have specialized training and utilizes standardized procedures to
1.11conduct examinations on items of evidence;
1.12(ii) forms an opinion or conclusion based on the outcome of the procedure or
1.13comparison under item (i) and the individual's training, experience, or both, and writes a
1.14report including the individual's conclusions; and
1.15(iii) has the potential to offer expert testimony of the individual's analysis in a court
1.16of law.
1.17Forensic analysis does not pertain to activities limited to evidence documentation,
1.18collection, screening, processing, preservation, or storage.
1.19(2) "forensic laboratory" means a publicly financed laboratory within the state that
1.20conducts forensic analysis on items of evidence that are part of or have the potential to be
1.21used in a criminal investigation. The term does not include the following laboratories:
1.22(i) medical examiners and coroners;
1.23(ii) educational institutions; and
1.24(iii) clinical laboratories and medical facilities.
2.1 Subd. 2. Forensic laboratories; mandatory accreditation; posting on Web site.
2.2(a) A forensic laboratory operating on or after January 1, 2015, that conducts forensic
2.3analysis in the disciplines of DNA, must: (1) be accredited by an accrediting body that
2.4requires conformance to the appropriate quality assurance standards set forth by the Federal
2.5Bureau of Investigation (Quality Assurance Standards for DNA Testing Laboratories or
2.6Quality Assurance Standards for Databasing Laboratories), forensic-specific requirements
2.7and which is a signatory to the International Laboratory Accreditation Cooperation
2.8(ILAC) Mutual Recognition Arrangements for Testing Laboratories (ISO/IEC 17025); or
2.9(2) have begun the formal process of seeking accreditation under clause (1) and follow
2.10the standards necessary for accreditation.
2.11(b) A forensic laboratory operating on or after January 1, 2015, that conducts
2.12forensic analysis in the disciplines of toxicology, identification of controlled substances, or
2.13trace evidence must: (1) be accredited by an accrediting body that requires conformance to
2.14forensic-specific requirements and which is a signatory to the ILAC Mutual Recognition
2.15Arrangements for Testing Laboratories (ISO/IEC 17025); or (2) have begun the formal
2.16process of seeking accreditation under clause (1) and follow the standards necessary for
2.17accreditation.
2.18(c) A forensic laboratory operating on or after January 1, 2015, that conducts forensic
2.19analysis in the disciplines of latent print, impression evidence, firearms, toolmarks,
2.20questioned documents, or bloodstain pattern analysis must: (1) be accredited by an
2.21accrediting body that requires conformance to forensic-specific requirements and which
2.22is a signatory to the ILAC Mutual Recognition Arrangements for Testing Laboratories
2.23(ISO/IEC 17025) or Inspection Agencies (ISO/IEC 17020); or (2) have begun the formal
2.24process of seeking accreditation under clause (1) and follow the standards necessary for
2.25accreditation.
2.26(d) No forensic laboratory may operate on or after July 1, 2015, unless:
2.27(1) it is accredited as provided in paragraph (a), (b), or (c); or
2.28(2) for laboratories that have either begun or resumed operation after a hiatus on or
2.29after July 1, 2011, the laboratory complies with paragraph (a), clause (2); paragraph (b),
2.30clause (2); or paragraph (c), clause (2), and becomes accredited within three years of the
2.31effective date of this act or beginning operation, whichever is later.
2.32(e) An accredited forensic laboratory operating on or after July 1, 2015, may conduct
2.33forensic analysis in a new forensic discipline as provided in this paragraph. If the standard
2.34described in paragraph (a), (b), or (c), under which the laboratory is accredited applies to
2.35the new discipline, the laboratory must become accredited in the new discipline under the
2.36appropriate standard within one year of when it first begins conducting forensic analysis in
3.1the new discipline. If the standard described in paragraph (a), (b), or (c), under which the
3.2laboratory is accredited does not apply to the new discipline, the laboratory must become
3.3accredited in the new discipline under the appropriate standard within three years of when
3.4it first begins conducting forensic analysis in the new discipline. A laboratory seeking
3.5accreditation in a new discipline under this paragraph must follow the standards necessary
3.6for accreditation during the period before accreditation.
3.7(f) Notwithstanding paragraphs (d) and (e), upon the written request of a laboratory
3.8that contains the specific reasons for the request, the commissioner of public safety may
3.9extend by one year the three-year and one-year periods described in paragraphs (d) and (e)
3.10by which a laboratory must become initially accredited or accredited in a new discipline.
3.11Each deadline may be extended only once.
3.12(g) A forensic laboratory must forward to the commissioner of public safety copies
3.13of the laboratory's certificate of accreditation and scope of accreditation or, every six
3.14months, an affirmation that the laboratory is in compliance with paragraph (a), clause (2);
3.15paragraph (b), clause (2); or paragraph (c), clause (2). A forensic laboratory seeking
3.16accreditation in a new discipline must forward to the commissioner every six months an
3.17affirmation that the laboratory is in compliance with paragraph (e). The commissioner
3.18shall post these items on the department's Web site. In addition, the commissioner shall
3.19post any approved requests for extensions of a laboratory's deadline to become accredited
3.20along with the laboratory's stated reasons for the extension. The commissioner shall ensure
3.21that the Web site is kept up to date and delete affirmations of compliance with paragraph
3.22(a), clause (2); paragraph (b), clause (2); paragraph (c), clause (2); and paragraph (e) once
3.23the laboratory has achieved accreditation or is no longer working towards accreditation.
