Minnesota Legislature
SF 1400
as introduced - 87th Legislature (2011 - 2012) Posted on 02/23/2012 10:06am
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A bill for an act
relating to public safety; modifying certain provisions regarding the Forensic
Laboratory Advisory Board; amending Minnesota Statutes 2010, section
299C.156.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2010, section 299C.156, is amended to read:
299C.156 FORENSIC LABORATORY ADVISORY BOARD.
Subdivision 1.
Membership.
(a) The Forensic Laboratory Advisory Board consists
of the following:
(1) the superintendent of the Bureau of Criminal Apprehension or the
superintendent's designee;
(2) the commissioner of public safety or the commissioner's designee;
(3) the commissioner of corrections or the commissioner's designee;
(4) an individual with expertise in the field of forensic science, selected by the
governor;
(5) an individual with expertise in the field of forensic science, selected by the
attorney general;
(6) a faculty member of the University of Minnesota, selected by the president of
the university;
(7) the state public defender or a designee;
(8) a prosecutor, selected by the Minnesota County Attorneys Association;
(9) a sheriff, selected by the Minnesota Sheriffs Association;
(10) a police chief, selected by the Minnesota Chiefs of Police Association;
(11) a judge or court administrator, selected by the chief justice of the Supreme
Court; and
(12) a criminal defense attorney, selected by the Minnesota State Bar Association.
(b) The board shall select a chair from among its members.
(c) Board members serve four-year terms and may be reappointed.
(d) The board may employ staff necessary to carry out its duties.
Subd. 2.
Duties.
The board deleted text begin maydeleted text end new text begin shallnew text end :
(1) develop and implement a reporting system through which laboratoriesdeleted text begin , facilities,
or entitiesdeleted text end that conduct forensic analyses report professional negligence or misconduct
that substantially affects the integrity of the forensic results committed by employees
or contractors;
(2) deleted text begin encouragedeleted text end new text begin requirenew text end all laboratoriesdeleted text begin , facilities, or entitiesdeleted text end that conduct forensic
analyses to report professional negligence or misconduct that substantially affects the
integrity of the forensic results committed by employees or contractors to the board;
(3) new text begin to the extent funding is available, new text end investigate, in a timely manner, any allegation
of professional negligence or misconduct that would substantially affect the integrity of
the results of a forensic analysis conducted by a laboratorydeleted text begin , facility, or entitydeleted text end ; and
(4) deleted text begin encouragedeleted text end new text begin require allnew text end laboratoriesdeleted text begin , facilities, and entitiesdeleted text end that conduct
forensic analyses to become accredited by the American Society of Crime Laboratory
Directors/Laboratory Accreditation Board (ASCLD/LAB) or other appropriate accrediting
body and develop and implement a process for those entities to report their accreditation
status to the board.
Subd. 3.
Investigations.
deleted text begin (a)deleted text end An investigation under subdivision 2, clause (3):
(1) may include the preparation of a written report that identifies and describes the
methods and procedures used to identify:
(i) the alleged negligence or misconduct;
(ii) whether negligence or misconduct occurred; and
(iii) any corrective action required of the laboratory, facility, or entity; and
(2) may include one or more:
(i) retrospective reexaminations of other forensic analyses conducted by the
laboratory, facility, or entity that may involve the same kind of negligence or misconduct;
and
(ii) follow-up evaluations of the laboratory, facility, or entity to review:
(A) the implementation of any corrective action required under clause (1)(iii); or
(B) the conclusion of any retrospective reexamination under clause (2)(i).
deleted text begin
(b) The costs of an investigation under this section must be borne by the laboratory,
facility, or entity being investigated.
deleted text end
new text begin Subd. 3a. new text end
new text begin Immunity. new text end
new text begin
Board members, committees, subcommittees, task forces,
delegates, and agents are immune from liability in any civil, administrative, or criminal
action for any act, omission, transaction, or publication in the execution of, or relating
to, their duties under this chapter.
new text end
Subd. 4.
Delegation of duties.
The board by contract may delegate the duties
described in subdivision 2, clauses (1) and (3), to any person or entity that the board
determines to be qualified to assume those duties.
Subd. 5.
deleted text begin Reviews and reports are publicdeleted text end new text begin Data privacy practicesnew text end .
The board shall
make all investigation reports completed under subdivision 3, deleted text begin paragraph (a),deleted text end clause (1),
available to the public. A report completed under subdivision 3, deleted text begin paragraph (a),deleted text end clause (1),
in a subsequent civil or criminal proceeding is not prima facie evidence of the information
or findings contained in the report.
Subd. 6.
Reports to legislature.
By January 15 of each year, the board shall submit
any report prepared under subdivision 3, deleted text begin paragraph (a),deleted text end clause (1), during the preceding
calendar year to the governor and the legislature.
Subd. 7.
Forensic deleted text begin analysis processing time period guidelinesdeleted text end new text begin science
improvement reportnew text end .
deleted text begin
(a) By July 1, 2007, the board shall recommend forensic analysis
processing time period guidelines applicable to the Bureau of Criminal Apprehension and
other laboratories, facilities, and entities that conduct forensic analyses. When adopting
and recommending these guidelines and when making other related decisions, the board
shall consider the goals and priorities identified by the presidential DNA initiative. The
board shall consider the feasibility of the Bureau of Criminal Apprehension completing
the processing of forensic evidence submitted to it by sheriffs, chiefs of police, or state
or local corrections authorities.
deleted text end
deleted text begin (b) The bureau shall provide information to the board in the time, form, and manner
determined by the board and keep it informed of the most up-to-date data on the actual
forensic analysis processing turnaround time periods.deleted text end By January 15 of each year, the
board shall report to the legislature deleted text begin on these issuesdeleted text end new text begin on the status of services provided
by public forensic laboratoriesnew text end , including the recommendations made by the board to
improve turnaround times.
deleted text begin Subd. 8. deleted text end
deleted text begin Forensic evidence processing deadline. deleted text end
deleted text begin
The board may recommend
reasonable standards and deadlines for the Bureau of Criminal Apprehension to test and
catalog forensic evidence samples relating to alleged crimes committed, including DNA
analysis, in their control and possession.
deleted text end
Subd. 9.
Office space.
The commissioner of public safety deleted text begin maydeleted text end new text begin shallnew text end provide
adequate office space and administrative services to the board.
Subd. 11.
deleted text begin Definitiondeleted text end new text begin Definitionsnew text end .
As used in this sectiondeleted text begin ,deleted text end new text begin :new text end
new text begin (1) new text end "forensic analysis" means a deleted text begin medical, chemical, toxicologic, ballistic,deleted text end new text begin scientificnew text end or
other expert examination or test performed on physical evidence, deleted text begin including DNA evidence,deleted text end
for the purpose of determining the connection of the evidence to a criminal actiondeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(2) "forensic laboratory" means a publicly or privately operated entity or facility
that scientifically examines physical evidence in order to inform any person's scientific
conclusion or opinion in a matter that is or that foreseeably may become the subject of
a criminal investigation by a Minnesota law enforcement agency or a criminal judicial
proceeding in a Minnesota court, whether or not the examiner will provide expert
testimony in court proceedings. A forensic laboratory does not include medical examiners.
new text end