SF 3273

Introduction - 84th Legislature (2005 - 2006)

Posted on 12/15/2009 12:00 a.m.

A bill for an act
relating to public safety; establishing the Forensic Laboratory Oversight
Commission and specifying its duties; establishing the cold case investigations
unit and specifying its duties; appropriating money; proposing coding for new
law in Minnesota Statutes, chapter 299C.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [299C.156] FORENSIC LABORATORY OVERSIGHT COMMISSION.
new text end

new text begin Subdivision 1. new text end

new text begin Membership. new text end

new text begin (a) The Forensic Laboratory Oversight Commission
consists of the following:
new text end

new text begin (1) the superintendent of the Bureau of Criminal Apprehension or the
superintendent's designee;
new text end

new text begin (2) the commissioner of public safety or the commissioner's designee;
new text end

new text begin (3) the commissioner of corrections or the commissioner's designee;
new text end

new text begin (4) two senators, one from the majority party and one from the minority party,
selected by the Subcommittee on Committees of the senate Committee on Rules and
Administration;
new text end

new text begin (5) two representatives, one from the majority party and one from the minority party,
selected by the speaker of the house of representatives;
new text end

new text begin (6) an individual with expertise in the field of forensic science, selected by the
governor;
new text end

new text begin (7) an individual with expertise in the field of forensic science, selected by the
attorney general;
new text end

new text begin (8) a faculty member of the University of Minnesota Medical School who specializes
in clinical laboratory medicine, selected by the president of the university;
new text end

new text begin (9) a faculty member of the University of Minnesota Law School who specializes in
criminal justice, selected by the president of the university;
new text end

new text begin (10) the state public defender or a designee;
new text end

new text begin (11) a prosecutor, selected by the Minnesota County Attorneys Association;
new text end

new text begin (12) a sheriff, selected by the Minnesota Sheriffs Association;
new text end

new text begin (13) a police chief, selected by the Minnesota Chiefs of Police Association;
new text end

new text begin (14) a peace officer, selected by the Minnesota Police and Peace Officers Association;
new text end

new text begin (15) a judge or court administrator, selected by the chief justice of the Supreme
Court;
new text end

new text begin (16) a criminal defense attorney, selected by the Minnesota State Bar Association;
new text end

new text begin (17) a local corrections official from a Community Corrections Act county, selected
by the commissioner of corrections; and
new text end

new text begin (18) a local corrections official from a non-Community Corrections Act county,
selected by the commissioner of corrections.
new text end

new text begin (b) The commission shall select a chair from among its members.
new text end

new text begin (c) Commission members serve four-year terms and may be reappointed.
new text end

new text begin (d) The commission may employ staff necessary to carry out its duties.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin The commission shall:
new text end

new text begin (1) develop and implement:
new text end

new text begin (i) an accreditation process for all laboratories, facilities, or entities that conduct
forensic analyses; and
new text end

new text begin (ii) a reporting system through which accredited laboratories, facilities, or entities
report professional negligence or misconduct;
new text end

new text begin (2) require all laboratories, facilities, or entities that conduct forensic analyses to:
new text end

new text begin (i) become accredited by the commission; and
new text end

new text begin (ii) report professional negligence or misconduct to the commission; and
new text end

new 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 an accredited laboratory, facility, or entity.
new text end

new text begin Subd. 3. new text end

new text begin Investigations. new text end

new text begin An investigation under subdivision 2, clause (3):
new text end

new text begin (1) shall include the preparation of a written report that identifies and describes the
methods and procedures used to identify:
new text end

new text begin (i) the alleged negligence or misconduct;
new text end

new text begin (ii) whether negligence or misconduct occurred; and
new text end

new text begin (iii) any corrective action required of the laboratory, facility, or entity; and
new text end

new text begin (2) may include one or more:
new text end

new text begin (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
new text end

new text begin (ii) follow-up evaluations of the laboratory, facility, or entity to review:
new text end

new text begin (A) the implementation of any corrective action required under clause (1), item
(iii); or
new text end

new text begin (B) the conclusion of any retrospective reexamination under this clause, item (i).
new text end

new text begin Subd. 4. new text end

new text begin Delegation of duties. new text end

new text begin The commission by contract may delegate the duties
described in subdivision 2, clauses (1) and (3), to any person or entity that the commission
determines to be qualified to assume those duties.
new text end

new text begin Subd. 5. new text end

new text begin Accreditation. new text end

new text begin (a) As part of the accreditation process developed and
implemented under subdivision 2, clause (1), item (i), the commission may:
new text end

new text begin (1) establish minimum accreditation standards and mandatory training requirements
for individuals employed by a laboratory, facility, or entity that conducts forensic analyses;
new text end

new text begin (2) validate or approve specific forensic methods or methodologies; and
new text end

new text begin (3) establish procedures, policies, and practices to improve the quality of forensic
analyses conducted in this state.
new text end

new text begin (b) The commission may require that a laboratory, facility, or entity required to be
accredited under this section pay any costs incurred to ensure compliance with this section.
new text end

new text begin Subd. 6. new text end

new text begin Reviews and reports are public. new text end

new text begin The commission shall make all
accreditation reviews conducted under subdivision 2, clause (2), and investigation reports
completed under subdivision 3, clause (1), available to the public. A report completed
under subdivision 3, clause (1), in a subsequent civil or criminal proceeding is not prima
facie evidence of the information or findings contained in the report.
new text end

new text begin Subd. 7. new text end

new text begin Reports to legislature. new text end

new text begin By January 15 of each year, the commission
shall submit any report received under subdivision 2, clause (2), and any report prepared
under subdivision 3, clause (1), during the preceding calendar year to the governor and
the legislature.
new text end

new text begin Subd. 8. new text end

new text begin Forensic analysis processing time period requirements. new text end

new text begin (a) By July 1,
2007, the commission shall adopt forensic analysis processing time period standards.
When adopting these standards and when making other related decisions, the commission
shall consider the goals and priorities identified by the presidential DNA initiative. The
commission 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 within the following time periods:
new text end

new text begin (1) for an alleged homicide, within no later than 72 hours of the time of submission;
new text end

new text begin (2) for an alleged violent crime other than an alleged homicide, within no later
than seven days of the time of submission;
new text end

new text begin (3) for an alleged crime not specified in clause (1) or (2), including a violation
under chapter 169A involving a driving while impaired blood test, within no later than
three weeks of the time of submission; and
new text end

new text begin (4) for DNA analysis of inmates under section 609.117, subdivision 2, within no
later than 60 days or the term of incarceration, whichever period occurs first.
new text end

new text begin (b) The bureau shall report to the commission in the time, form, and manner
determined by the commission and keep it informed of the most up-to-date data on
the actual forensic analysis processing turn around time periods. The commission
shall compare the actual average turnaround times for the categories described in this
subdivision to the standards adopted by the commission. By January 15 of each year, the
commission shall report to the legislature on these issues, including the specific efforts
made by the commission to improve turnaround times.
new text end

new text begin Subd. 9. new text end

new text begin Forensic evidence processing deadline. new text end

new text begin The commission shall determine
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.
new text end

new text begin Subd. 10. new text end

new text begin Scope. new text end

new text begin Public and private laboratories, facilities, and other entities,
including the Bureau of Criminal Apprehension, medical examiners, and coroners, that
conduct forensic analyses or store and maintain forensic evidence in the state, and their
employees and agents, are subject to this section and shall comply with lawful directives
from the commission.
new text end

new text begin Subd. 11. new text end

new text begin Office space. new text end

new text begin The commissioner of public safety shall provide adequate
office space and administrative services to the commission.
new text end

new text begin Subd. 12. new text end

new text begin Expiration, expenses. new text end

new text begin Section 15.059 applies to the commission, except
that it does not expire.
new text end

new text begin Subd. 13. new text end

new text begin Definition. new text end

new text begin As used in this section, "forensic analysis" means a medical,
chemical, toxicologic, ballistic, or other expert examination or test performed on physical
evidence, including DNA evidence, for the purpose of determining the connection of
the evidence to a criminal action.
new text end

Sec. 2.

new text begin [299C.157] COLD CASE INVESTIGATIONS UNIT.
new text end

new text begin The superintendent shall establish a four-person unit within the bureau to focus on
cold cases involving DNA. The unit must consist of a forensic scientist, an investigator,
a person with expertise in criminal prosecutions, and another person with skills relating
to DNA. The unit shall work together as a team to review investigative files of selected
cases. To the greatest extent possible, the unit shall work cooperatively with local law
enforcement and prosecutorial officials having jurisdiction over the case. The unit
shall attempt to use advances in forensics and DNA technology and new investigative
techniques to reinvestigate evidence and explore new leads in the cases it reviews. When
the unit completes a review of a case, it shall update the local law enforcement and
prosecutorial agency on the results of the review and forward any recommendations
to them.
new text end

Sec. 3. new text begin APPROPRIATION.
new text end

new text begin (a) $....... is appropriated to the commissioner of public safety from the general fund
for the fiscal year ending June 30, 2007, to implement section 1.
new text end

new text begin (b) $....... is appropriated to the superintendent of the Bureau of Criminal
Apprehension from the general fund for the fiscal year ending June 30, 2007, to implement
section 2.
new text end