Bill Text: MN SF1187 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Forensic laboratory advisory board provisions modifications and appropriation
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-03-07 - Referred to Judiciary [SF1187 Detail]
Download: Minnesota-2013-SF1187-Introduced.html
1.2relating to public safety; modifying certain provisions regarding the Forensic
1.3Laboratory Advisory Board; appropriating money;amending Minnesota Statutes
1.42012, section 299C.156.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 299C.156, is amended to read:
1.7299C.156 FORENSIC LABORATORY ADVISORY BOARD.
1.8 Subdivision 1. Membership. (a) The Forensic Laboratory Advisory Board consists
1.9of the following:
1.10(1) the superintendent of the Bureau of Criminal Apprehension or the
1.11superintendent's designee;
1.12(2) the commissioner of public safety or the commissioner's designee;
1.13(3) the commissioner of corrections or the commissioner's designee;
1.14(4) an individual with expertise in the field of forensic science, selected by the
1.15governor;
1.16(5) an individual with expertise in the field of forensic science, selected by the
1.17attorney general;
1.18(6) a faculty member of the University of Minnesota, selected by the president of
1.19the university;
1.20(7) the state public defender or a designee;
1.21(8) a prosecutor, selected by the Minnesota County Attorneys Association;
1.22(9) a sheriff, selected by the Minnesota Sheriffs Association;
1.23(10) a police chief, selected by the Minnesota Chiefs of Police Association;
2.1(11) a judge or court administrator, selected by the chief justice of the Supreme
2.2Court; and
2.3(12) a criminal defense attorney, selected by the Minnesota State Bar Association.
2.4(b) The board shall select a chair from among its members.
2.5(c) Board members serve four-year terms and may be reappointed.
2.6(d) The board may employ staff necessary to carry out its duties.
2.7 Subd. 2. Duties. The boardmay shall:
2.8(1) develop and implement a reporting system through which laboratories, facilities,
2.9or entities that conduct forensic analyses report professional negligence or misconduct
2.10that substantially affects the integrity of the forensic results committed by employees
2.11or contractors;
2.12(2)encourage require all laboratories, facilities, or entities that conduct forensic
2.13analyses to report professional negligence or misconduct that substantially affects the
2.14integrity of the forensic results committed by employees or contractors to the board;
2.15(3) require all laboratories to investigate, in a timely manner, any allegation of
2.16professional negligence or misconduct that would substantially affect the integrity of the
2.17results of a forensic analysis conducted by a laboratory, facility, or entity; and
2.18(4)encourage require all forensic laboratories, facilities, and entities that conduct
2.19forensic analyses to become accredited by the American Society of Crime Laboratory
2.20Directors/Laboratory Accreditation Board (ASCLD/LAB) or otherappropriate accrediting
2.21body that requires conformance to standards for testing laboratories established by
2.22the International Organization for Standardization (ISO/IEC 17025) and develop and
2.23implement a process forthose entities laboratories to report their accreditation status
2.24to the board.; and
2.25(5) develop and maintain a clearinghouse for information, resources, and best
2.26practices on forensic analysis and forensic laboratories.
2.27 Subd. 3. Investigations. (a)An A forensic laboratory investigation under
2.28subdivision 2, clause (3):,
2.29(1) may must include the preparation of a written report that identifies and describes
2.30the methods and procedures used to identify:
2.31(i) (1) the alleged negligence or misconduct;
2.32(ii) (2) whether negligence or misconduct occurred; and
2.33(iii) (3) any corrective action required of the laboratory, facility, or entity; and
2.34(2) may include one or more:;
3.1(i) (4) retrospective reexaminations of other forensic analyses conducted by the
3.2laboratory, facility, or entity that may involve the same kind of negligence or misconduct;
3.3and
3.4(ii) (5) follow-up evaluations of the laboratory, facility, or entity to review:
3.5(A) (i) the implementation of any corrective action required under clause (1)(iii);
3.6or (3), if any; and
3.7(B) (ii) the conclusion of any retrospective reexamination under clause (2)(i) (4), if
3.8any.
3.9(b)The costs of an investigation under this section must be borne by the laboratory,
3.10facility, or entity being investigated. A report prepared under paragraph (a) must be
3.11submitted to the board in a form and manner provided by the board no later than ten days
3.12from the date the report is completed by the laboratory.
3.13(c) A person or entity that manages, operates, or otherwise controls a forensic
3.14laboratory shall not retaliate or take adverse action against an employee or anyone else
3.15who, in good faith, alleges professional negligence or misconduct under subdivision 2.
3.16 Subd. 3a. Accreditation of laboratories. (a) As provided in subdivision 2, clause
3.17(4), a forensic laboratory shall report annually to the board, on a form and in a manner
3.18provided by the board:
3.19(1) the laboratory's accreditation date or that the laboratory is working toward
3.20accreditation in a timely manner; and
3.21(2) once accreditation is attained, the laboratory's maintenance of accreditation
3.22with an accrediting organization.
3.23(b) The board shall maintain a record of accredited laboratories and laboratories
3.24working toward accreditation and make that record readily available to the public.
3.25 Subd. 3b. Immunity. Members, committees, subcommittees, task forces, delegates,
3.26and agents of the board are immune from liability in any civil, administrative, or criminal
3.27action for any act, omission, transaction, or publication in the execution of, or relating
3.28to, the board's duties under this section.
3.29Subd. 4. Delegation of duties. The board by contract may delegate the duties
3.30described in subdivision 2, clauses (1) and (3), to any person or entity that the board
3.31determines to be qualified to assume those duties.
3.32 Subd. 5.Reviews and reports are public Data access and classification. The
3.33board shall make all investigation reports completed under subdivision 3, paragraph
3.34(a), clause (1), available to the public. (a) The board is subject to the Government Data
3.35Practices Act, chapter 13, and must protect from unlawful disclosure data classified as
3.36not public. The board may access data of any classification necessary to conduct an
4.1investigation as provided in this section except for data classified as confidential under
4.2section 13.82, subdivision 7.
4.3(b) Data, notes, and preliminary drafts of reports relating to an investigation
4.4completed under subdivision 3, paragraph (a), clause (1), are protected nonpublic and
4.5confidential until the final report of the investigation has been released or the investigation
4.6is closed, such as no longer being actively pursued. Upon release of a final investigative
4.7report, data relating to an investigation are public except data otherwise classified as not
4.8public. A report completed under subdivision 3, paragraph (a), clause (1), in a subsequent
4.9civil or criminal proceeding is not prima facie evidence of the information or findings
4.10contained in the report.
4.11(c) Data on an individual supplying information for an investigation that could
4.12reasonably be used to determine the individual's identity are private data on individuals
4.13if the information supplied was needed for an investigation and would not have been
4.14provided to the person performing an investigation without an assurance to the individual
4.15that the individual's identity would remain private.
4.16(d) If, before releasing a report, the board provides a person with data relating to
4.17the investigation for the purpose of review and verification of the data, the person must
4.18protect the data from unlawful disclosure or be subject to the penalties and liabilities
4.19provided in sections 13.08 and 13.09.
4.20Subd. 6. Reports to legislature. By January 15 of each year, the board shall submit
4.21any report prepared under subdivision 3, paragraph (a), clause (1), during the preceding
4.22calendar year to the governor and the legislature.
4.23 Subd. 7.Forensic analysis processing time period guidelines Report. (a) By July
4.241, 2007, the board shall recommend forensic analysis processing time period guidelines
4.25applicable to the Bureau of Criminal Apprehension and other laboratories, facilities, and
4.26entities that conduct forensic analyses. When adopting and recommending these guidelines
4.27and when making other related decisions, the board shall consider the goals and priorities
4.28identified by the presidential DNA initiative. The board shall consider the feasibility of
4.29the Bureau of Criminal Apprehension completing the processing of forensic evidence
4.30submitted to it by sheriffs, chiefs of police, or state or local corrections authorities.
4.31(b) The bureau shall provide information to the board in the time, form, and
4.32manner determined by the board and keep it informed of the most up-to-date data on
4.33the actual forensic analysis processing turnaround time periods. By January 15 of each
4.34year, the board shall report to thelegislature on these issues governor and the house of
4.35representatives and senate committees having jurisdiction over criminal justice as to
4.36any report prepared under subdivision 3 and the status of services provided by forensic
5.1laboratories, including the recommendations made by the board to improveturnaround
5.2times forensic science services.
5.3Subd. 8. Forensic evidence processing deadline. The board may recommend
5.4reasonable standards and deadlines for the Bureau of Criminal Apprehension to test and
5.5catalog forensic evidence samples relating to alleged crimes committed, including DNA
5.6analysis, in their control and possession.
5.7 Subd. 9. Office space. The commissioner of public safetymay shall provide
5.8adequate office space and administrative services to the board.
5.9 Subd. 10. Expenses. Section15.059 applies to the board.
5.10 Subd. 11.Definition Definitions. As used in this section, "forensic analysis" means
5.11a medical, chemical, toxicologic, ballistic, or other expert examination or test performed
5.12on physical evidence, including DNA evidence, for the purpose of determining the
5.13connection of the evidence to a criminal action.:
5.14(1) "forensic analysis" means the application of scientific knowledge and
5.15methodology by an individual who:
5.16(i) has or should have specialized training and utilizes standardized procedures to
5.17conduct examinations on items of evidence;
5.18(ii) forms an opinion or conclusion based on the outcome of the procedure under
5.19item (i) and the individual's training, experience, or both, and writes a report including
5.20the individual's conclusions; and
5.21(iii) has the potential to offer expert testimony of the individual's analysis in a court
5.22of law; and
5.23(2) "forensic laboratory" means a publicly financed laboratory within the state that
5.24conducts forensic analysis on items of evidence that are part of or have the potential to be
5.25used in a criminal investigation.
5.26 Subd. 12. Expiration. Notwithstanding section 15.059, the Forensic Laboratory
5.27Advisory Board shall not expire.
5.28EFFECTIVE DATE.This section is effective the day following final enactment.
5.29 Sec. 2. APPROPRIATION.
5.30$....... in fiscal year 2014 and $....... in fiscal year 2015 are appropriated from the
5.31general fund to the Forensic Laboratory Advisory Board for the purposes of section 1.
1.3Laboratory Advisory Board; appropriating money;amending Minnesota Statutes
1.42012, section 299C.156.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 299C.156, is amended to read:
1.7299C.156 FORENSIC LABORATORY ADVISORY BOARD.
1.8 Subdivision 1. Membership. (a) The Forensic Laboratory Advisory Board consists
1.9of the following:
1.10(1) the superintendent of the Bureau of Criminal Apprehension or the
1.11superintendent's designee;
1.12(2) the commissioner of public safety or the commissioner's designee;
1.13(3) the commissioner of corrections or the commissioner's designee;
1.14(4) an individual with expertise in the field of forensic science, selected by the
1.15governor;
1.16(5) an individual with expertise in the field of forensic science, selected by the
1.17attorney general;
1.18(6) a faculty member of the University of Minnesota, selected by the president of
1.19the university;
1.20(7) the state public defender or a designee;
1.21(8) a prosecutor, selected by the Minnesota County Attorneys Association;
1.22(9) a sheriff, selected by the Minnesota Sheriffs Association;
1.23(10) a police chief, selected by the Minnesota Chiefs of Police Association;
2.1(11) a judge or court administrator, selected by the chief justice of the Supreme
2.2Court; and
2.3(12) a criminal defense attorney, selected by the Minnesota State Bar Association.
2.4(b) The board shall select a chair from among its members.
2.5(c) Board members serve four-year terms and may be reappointed.
2.6(d) The board may employ staff necessary to carry out its duties.
2.7 Subd. 2. Duties. The board
2.8(1) develop and implement a reporting system through which laboratories
2.9
2.10that substantially affects the integrity of the forensic results committed by employees
2.11or contractors;
2.12(2)
2.13analyses to report professional negligence or misconduct that substantially affects the
2.14integrity of the forensic results committed by employees or contractors to the board;
2.15(3) require all laboratories to investigate, in a timely manner, any allegation of
2.16professional negligence or misconduct that would substantially affect the integrity of the
2.17results of a forensic analysis conducted by a laboratory
2.18(4)
2.19forensic analyses to become accredited by the American Society of Crime Laboratory
2.20Directors/Laboratory Accreditation Board (ASCLD/LAB) or other
2.21body that requires conformance to standards for testing laboratories established by
2.22the International Organization for Standardization (ISO/IEC 17025) and develop and
2.23implement a process for
2.24to the board
2.25(5) develop and maintain a clearinghouse for information, resources, and best
2.26practices on forensic analysis and forensic laboratories.
2.27 Subd. 3. Investigations. (a)
2.28subdivision 2, clause (3)
2.29
2.30the methods and procedures used to identify:
2.31
2.32
2.33
2.34
3.1
3.2laboratory
3.3and
3.4
3.5
3.6
3.7
3.8any.
3.9(b)
3.10
3.11submitted to the board in a form and manner provided by the board no later than ten days
3.12from the date the report is completed by the laboratory.
3.13(c) A person or entity that manages, operates, or otherwise controls a forensic
3.14laboratory shall not retaliate or take adverse action against an employee or anyone else
3.15who, in good faith, alleges professional negligence or misconduct under subdivision 2.
3.16 Subd. 3a. Accreditation of laboratories. (a) As provided in subdivision 2, clause
3.17(4), a forensic laboratory shall report annually to the board, on a form and in a manner
3.18provided by the board:
3.19(1) the laboratory's accreditation date or that the laboratory is working toward
3.20accreditation in a timely manner; and
3.21(2) once accreditation is attained, the laboratory's maintenance of accreditation
3.22with an accrediting organization.
3.23(b) The board shall maintain a record of accredited laboratories and laboratories
3.24working toward accreditation and make that record readily available to the public.
3.25 Subd. 3b. Immunity. Members, committees, subcommittees, task forces, delegates,
3.26and agents of the board are immune from liability in any civil, administrative, or criminal
3.27action for any act, omission, transaction, or publication in the execution of, or relating
3.28to, the board's duties under this section.
3.29
3.30
3.31
3.32 Subd. 5.
3.33
3.34
3.35Practices Act, chapter 13, and must protect from unlawful disclosure data classified as
3.36not public. The board may access data of any classification necessary to conduct an
4.1investigation as provided in this section except for data classified as confidential under
4.2section 13.82, subdivision 7.
4.3(b) Data, notes, and preliminary drafts of reports relating to an investigation
4.4completed under subdivision 3, paragraph (a), clause (1), are protected nonpublic and
4.5confidential until the final report of the investigation has been released or the investigation
4.6is closed, such as no longer being actively pursued. Upon release of a final investigative
4.7report, data relating to an investigation are public except data otherwise classified as not
4.8public. A report completed under subdivision 3, paragraph (a), clause (1), in a subsequent
4.9civil or criminal proceeding is not prima facie evidence of the information or findings
4.10contained in the report.
4.11(c) Data on an individual supplying information for an investigation that could
4.12reasonably be used to determine the individual's identity are private data on individuals
4.13if the information supplied was needed for an investigation and would not have been
4.14provided to the person performing an investigation without an assurance to the individual
4.15that the individual's identity would remain private.
4.16(d) If, before releasing a report, the board provides a person with data relating to
4.17the investigation for the purpose of review and verification of the data, the person must
4.18protect the data from unlawful disclosure or be subject to the penalties and liabilities
4.19provided in sections 13.08 and 13.09.
4.20
4.21
4.22
4.23 Subd. 7.
4.24
4.25
4.26
4.27
4.28
4.29
4.30
4.31
4.32
4.33
4.34year, the board shall report to the
4.35representatives and senate committees having jurisdiction over criminal justice as to
4.36any report prepared under subdivision 3 and the status of services provided by forensic
5.1laboratories, including the recommendations made by the board to improve
5.2
5.3
5.4
5.5
5.6
5.7 Subd. 9. Office space. The commissioner of public safety
5.8adequate office space and administrative services to the board.
5.9 Subd. 10. Expenses. Section
5.10 Subd. 11.
5.11
5.12
5.13
5.14(1) "forensic analysis" means the application of scientific knowledge and
5.15methodology by an individual who:
5.16(i) has or should have specialized training and utilizes standardized procedures to
5.17conduct examinations on items of evidence;
5.18(ii) forms an opinion or conclusion based on the outcome of the procedure under
5.19item (i) and the individual's training, experience, or both, and writes a report including
5.20the individual's conclusions; and
5.21(iii) has the potential to offer expert testimony of the individual's analysis in a court
5.22of law; and
5.23(2) "forensic laboratory" means a publicly financed laboratory within the state that
5.24conducts forensic analysis on items of evidence that are part of or have the potential to be
5.25used in a criminal investigation.
5.26 Subd. 12. Expiration. Notwithstanding section 15.059, the Forensic Laboratory
5.27Advisory Board shall not expire.
5.28EFFECTIVE DATE.This section is effective the day following final enactment.
5.29 Sec. 2. APPROPRIATION.
5.30$....... in fiscal year 2014 and $....... in fiscal year 2015 are appropriated from the
5.31general fund to the Forensic Laboratory Advisory Board for the purposes of section 1.
