Minnesota Legislature
SF 963
2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:17am
Current Version - 2nd Engrossment
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A bill for an act
relating to public safety; modifying duties and responsibilities of Forensic
Laboratory Advisory Board; requiring the board to appoint an executive
secretary; establishing immunity from liability for board members; clarifying
availability of investigation reports to the public; defining forensic laboratory;
providing for a study and report; appropriating money; amending Minnesota
Statutes 2008, section 299C.156, subdivisions 1, 2, 3, 4, 5, 7, 11, by adding a
subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 299C.156, subdivision 1, is amended to
read:
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) new text begin The board may appoint and employ an executive secretary.
new text end
new text begin (e) new text end The board may employ staff necessary to carry out its duties.
Sec. 2.
Minnesota Statutes 2008, section 299C.156, subdivision 2, is amended to read:
Subd. 2.
Duties.
new text begin (a) new text end The board deleted text begin maydeleted text end new text begin shallnew text end :
(1) new text begin require laboratories 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;
new text end
new text begin (2) new text end 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;new text begin and
new text end
deleted text begin (2)deleted text end new text begin (3) new text end encourage 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 boarddeleted text begin ;deleted text end new text begin .
new text end
deleted text begin
(3) 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 laboratory, facility, or entity; and
deleted text end
deleted text begin
(4) encourage laboratories, facilities, and entities 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.
deleted text end
new text begin
(b) The board may 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 laboratory. The board may defer investigating any
claim until sufficient funding to do so becomes available. If the board finds negligence or
misconduct on the part of a laboratory, the board may impose the cost of the investigation
on that laboratory. Board members with a direct interest in the outcome of an investigation
shall recuse themselves from the investigation and any decisions relating to it.
new text end
Sec. 3.
Minnesota Statutes 2008, section 299C.156, subdivision 3, is amended to read:
Subd. 3.
Investigations.
(a) An investigation under subdivision 2, deleted text begin clause (3)deleted text end new text begin
paragraph (b)new text end :
(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).
(b) The costs of an investigation under this section must be borne by the laboratory,
facility, or entity being investigated.
Sec. 4.
Minnesota Statutes 2008, section 299C.156, is amended by adding a
subdivision to read:
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 section.
new text end
Sec. 5.
Minnesota Statutes 2008, section 299C.156, subdivision 4, is amended to read:
Subd. 4.
Delegation of duties.
The board by contract may delegate the duties
described in subdivision 2, deleted text begin clauses (1) and (3)deleted text end new text begin paragraphs (a), clause (2), and (b)new text end , to any
person or entity that the board determines to be qualified to assume those duties.
Sec. 6.
Minnesota Statutes 2008, section 299C.156, subdivision 5, is amended to read:
Subd. 5.
deleted text begin Reviews and reports are publicdeleted text end new text begin Data privacy practicesnew text end .
new text begin (a) new text end The board
shall make deleted text begin alldeleted text end investigation reports completed under subdivision 3, paragraph (a), clause
(1), available to the publicnew text begin only if there is a finding of negligence or misconduct. The
complaint in any investigation under subdivision 3 shall not be available to the public.
Nothing in this paragraph shall supersede the privacy rights of an employee acting within
the scope of the employee's public employmentnew text end .
new text begin (b)new text end A report completed under subdivision 3, paragraph (a), clause (1), in a
subsequent civil or criminal proceeding is not prima facie evidence of the information or
findings contained in the report.
Sec. 7.
Minnesota Statutes 2008, section 299C.156, subdivision 7, is amended to read:
Subd. 7.
Forensic analysis processing time period guidelinesnew text begin ; forensic science
improvement reportnew text end .
(a) deleted text begin By July 1, 2007deleted text end new text begin Periodicallynew text end , the board shall recommend
forensic analysis processing time period guidelines applicable to the Bureau of Criminal
Apprehension and other laboratoriesdeleted text begin , facilities, and entitiesdeleted text end that conduct forensic analyses.
deleted text begin When adopting and recommending these guidelines and when making other related
deleted text end deleted text begin decisions, the board shall consider the goals and priorities identified by the presidential
deleted text end deleted text begin DNA initiative.deleted text end 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.
(b) The Bureau new text begin of Criminal Apprehension new text end 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. 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.
Sec. 8.
Minnesota Statutes 2008, section 299C.156, subdivision 11, is amended to read:
Subd. 11.
Definition.
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 scientific new text end or
other expert examination or test performed on physical evidencedeleted 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 an entity or facility that conducts scientific tests or
examinations on physical evidence in connection with a criminal action and provides
expert testimony in court relating to their findings. Forensic laboratory does not include
medical examiners. For the purposes of subdivision 3, forensic laboratory includes both
public and private forensic laboratories that are located in the state of Minnesota. Any
forensic laboratory providing services in Minnesota, whether located in the state or not,
must meet the requirements of this section.
new text end
Sec. 9. new text begin FORENSIC LABORATORY ADVISORY BOARD; APPROPRIATION;
STUDY.
new text end
new text begin
(a) The Forensic Laboratory Advisory Board shall seek money from nonstate sources
that do not have a conflict of interest to study and prepare a report on the systematic
expansion of regional forensic crime laboratory outreach in the state including:
new text end
new text begin
(1) recommendation of the regions that should be developed based on factors such as:
new text end
new text begin
(i) population;
new text end
new text begin
(ii) crime rate;
new text end
new text begin
(iii) distance to crime laboratories that conduct certain forensic analyses required for
particular types of evidence; and
new text end
new text begin
(iv) financial ability of the region to support a forensic crime laboratory;
new text end
new text begin
(2) the regions ranked according to priority of need for a forensic crime laboratory;
and
new text end
new text begin
(3) recommendations to the legislature for the use of state funding to develop
forensic crime laboratories in regions where the laboratories are needed most.
new text end
new text begin
Any money received is appropriated to the board for the purposes of this section.
new text end
new text begin
(b) The board shall make recommendations regarding procedures for the filing of
complaints of, and for consideration of, professional negligence and misconduct, and
make recommendations regarding the range of consequences for acts of professional
negligence and misconduct.
new text end
new text begin
(c) The board must submit its reports and recommendations under paragraphs (a)
and (b) to the house of representatives and senate committees with jurisdiction over public
safety by March 1, 2010.
new text end