Bill Text: MN SF1725 | 2013-2014 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Forensic laboratories accreditation
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Passed) 2014-04-28 - Secretary of State Chapter 168 04/25/14 [SF1725 Detail]
Download: Minnesota-2013-SF1725-Introduced.html
Bill Title: Forensic laboratories accreditation
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Passed) 2014-04-28 - Secretary of State Chapter 168 04/25/14 [SF1725 Detail]
Download: Minnesota-2013-SF1725-Introduced.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 forensic DNA, must: (1) be accredited by an accrediting
2.4body that requires conformance to the appropriate quality assurance standards set
2.5forth by the Federal Bureau of Investigation (Quality Assurance Standards for DNA
2.6Testing Laboratories or Quality Assurance Standards for Databasing Laboratories),
2.7forensic-specific requirements and which is a signatory to the International Laboratory
2.8Accreditation Cooperation (ILAC) Mutual Recognition Arrangements for Testing
2.9Laboratories (ISO/IEC 17025); or (2) have begun the formal process of seeking
2.10accreditation under clause (1) and follow the 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 forensic toxicology, identification of controlled
2.13substances, or forensic trace evidence must: (1) be accredited by an accrediting body that
2.14requires conformance to forensic-specific requirements and which is a signatory to the
2.15ILAC Mutual Recognition Arrangements for Testing Laboratories (ISO/IEC 17025); or
2.16(2) have begun the formal process of seeking accreditation under clause (1) and follow
2.17the standards necessary for accreditation.
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) except as provided in paragraph (e), for laboratories that have either begun or
2.29resumed operation after a hiatus on or after July 1, 2011, the laboratory complies with
2.30paragraph (a), clause (2); paragraph (b), clause (2); or paragraph (c), clause (2), and
2.31becomes accredited within three years of the effective date of this act.
2.32(e) Upon the written request of a laboratory that contains the specific reasons for
2.33the request, the commissioner of public safety may extend by one year the three-year
2.34period described in paragraph (d) by which a laboratory must become accredited. The
2.35commissioner may extend a laboratory's deadline only once.
3.1(f) A forensic laboratory must forward to the commissioner of public safety copies
3.2of the laboratory's certificate of accreditation and scope of accreditation or, every six
3.3months, an affirmation that the laboratory is in compliance with paragraph (a), clause (2);
3.4paragraph (b), clause (2); or paragraph (c), clause (2). The commissioner shall post these
3.5items on the department's Web site. In addition, the commissioner shall post any approved
3.6requests for extensions of a laboratory's three-year deadline to become accredited along
3.7with the laboratory's stated reasons for the extension. The commissioner shall ensure that
3.8the Web site is kept up to date and delete affirmations of compliance with paragraph (a),
3.9clause (2); paragraph (b), clause (2); and paragraph (c), clause (2), once the laboratory has
3.10achieved accreditation or is no longer working towards accreditation.
3.11 Sec. 2. LEGISLATIVE INTENT.
3.12The legislature's intent in enacting this act is to improve the quality of forensic
3.13analysis conducted in forensic laboratories within the state and to impose minimum
3.14standards that provide greater uniformity of forensic analysis. It is not the legislature's
3.15intent to attempt to dictate a court's decision regarding the admissibility of forensic
3.16evidence or testimony or the weight that this evidence or testimony is given.
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 forensic DNA, must: (1) be accredited by an accrediting
2.4body that requires conformance to the appropriate quality assurance standards set
2.5forth by the Federal Bureau of Investigation (Quality Assurance Standards for DNA
2.6Testing Laboratories or Quality Assurance Standards for Databasing Laboratories),
2.7forensic-specific requirements and which is a signatory to the International Laboratory
2.8Accreditation Cooperation (ILAC) Mutual Recognition Arrangements for Testing
2.9Laboratories (ISO/IEC 17025); or (2) have begun the formal process of seeking
2.10accreditation under clause (1) and follow the 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 forensic toxicology, identification of controlled
2.13substances, or forensic trace evidence must: (1) be accredited by an accrediting body that
2.14requires conformance to forensic-specific requirements and which is a signatory to the
2.15ILAC Mutual Recognition Arrangements for Testing Laboratories (ISO/IEC 17025); or
2.16(2) have begun the formal process of seeking accreditation under clause (1) and follow
2.17the standards necessary for accreditation.
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) except as provided in paragraph (e), for laboratories that have either begun or
2.29resumed operation after a hiatus on or after July 1, 2011, the laboratory complies with
2.30paragraph (a), clause (2); paragraph (b), clause (2); or paragraph (c), clause (2), and
2.31becomes accredited within three years of the effective date of this act.
2.32(e) Upon the written request of a laboratory that contains the specific reasons for
2.33the request, the commissioner of public safety may extend by one year the three-year
2.34period described in paragraph (d) by which a laboratory must become accredited. The
2.35commissioner may extend a laboratory's deadline only once.
3.1(f) A forensic laboratory must forward to the commissioner of public safety copies
3.2of the laboratory's certificate of accreditation and scope of accreditation or, every six
3.3months, an affirmation that the laboratory is in compliance with paragraph (a), clause (2);
3.4paragraph (b), clause (2); or paragraph (c), clause (2). The commissioner shall post these
3.5items on the department's Web site. In addition, the commissioner shall post any approved
3.6requests for extensions of a laboratory's three-year deadline to become accredited along
3.7with the laboratory's stated reasons for the extension. The commissioner shall ensure that
3.8the Web site is kept up to date and delete affirmations of compliance with paragraph (a),
3.9clause (2); paragraph (b), clause (2); and paragraph (c), clause (2), once the laboratory has
3.10achieved accreditation or is no longer working towards accreditation.
3.11 Sec. 2. LEGISLATIVE INTENT.
3.12The legislature's intent in enacting this act is to improve the quality of forensic
3.13analysis conducted in forensic laboratories within the state and to impose minimum
3.14standards that provide greater uniformity of forensic analysis. It is not the legislature's
3.15intent to attempt to dictate a court's decision regarding the admissibility of forensic
3.16evidence or testimony or the weight that this evidence or testimony is given.
