HF 2156

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 03/31/2014 03:35pm

A bill for an act
relating to public safety; providing for accreditation of forensic laboratories;
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.157] FORENSIC LABORATORIES; ACCREDITATION.
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new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the following terms have
the meanings given:
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new text begin (1) "forensic analysis" means the application of scientific knowledge and
methodology by an individual who:
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new text begin (i) has or should have specialized training and utilizes standardized procedures to
conduct examinations on items of evidence;
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new text begin (ii) forms an opinion or conclusion based on the outcome of the procedure or
comparison under item (i) and the individual's training, experience, or both, and writes a
report including the individual's conclusions; and
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new text begin (iii) has the potential to offer expert testimony of the individual's analysis in a court
of law.
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new text begin Forensic analysis does not pertain to activities limited to evidence documentation,
collection, screening, processing, preservation, or storage.
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new text begin (2) "forensic laboratory" means a publicly financed laboratory within the state that
conducts forensic analysis on items of evidence that are part of or have the potential to be
used in a criminal investigation. The term does not include the following laboratories:
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new text begin (i) medical examiners and coroners;
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new text begin (ii) educational institutions; and
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new text begin (iii) clinical laboratories and medical facilities.
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new text begin Subd. 2. new text end

new text begin Forensic laboratories; mandatory accreditation; posting on Web site.
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new text begin (a) A forensic laboratory operating on or after January 1, 2015, that conducts forensic
analysis in the disciplines of DNA, must: (1) be accredited by an accrediting body that
requires conformance to the appropriate quality assurance standards set forth by the Federal
Bureau of Investigation (Quality Assurance Standards for DNA Testing Laboratories or
Quality Assurance Standards for Databasing Laboratories), forensic-specific requirements
and which is a signatory to the International Laboratory Accreditation Cooperation
(ILAC) Mutual Recognition Arrangements for Testing Laboratories (ISO/IEC 17025); or
(2) have begun the formal process of seeking accreditation under clause (1) and follow
the standards necessary for accreditation.
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new text begin (b) A forensic laboratory operating on or after January 1, 2015, that conducts
forensic analysis in the disciplines of toxicology, identification of controlled substances, or
trace evidence must: (1) be accredited by an accrediting body that requires conformance to
forensic-specific requirements and which is a signatory to the ILAC Mutual Recognition
Arrangements for Testing Laboratories (ISO/IEC 17025); or (2) have begun the formal
process of seeking accreditation under clause (1) and follow the standards necessary for
accreditation.
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new text begin (c) A forensic laboratory operating on or after January 1, 2015, that conducts forensic
analysis in the disciplines of latent print, impression evidence, firearms, toolmarks,
questioned documents, or bloodstain pattern analysis must: (1) be accredited by an
accrediting body that requires conformance to forensic-specific requirements and which
is a signatory to the ILAC Mutual Recognition Arrangements for Testing Laboratories
(ISO/IEC 17025) or Inspection Agencies (ISO/IEC 17020); or (2) have begun the formal
process of seeking accreditation under clause (1) and follow the standards necessary for
accreditation.
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new text begin (d) No forensic laboratory may operate on or after July 1, 2015, unless:
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new text begin (1) it is accredited as provided in paragraph (a), (b), or (c); or
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new text begin (2) for laboratories that have either begun or resumed operation after a hiatus on or
after July 1, 2011, the laboratory complies with paragraph (a), clause (2); paragraph (b),
clause (2); or paragraph (c), clause (2), and becomes accredited within three years of the
effective date of this act or beginning operation, whichever is later.
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new text begin (e) An accredited forensic laboratory operating on or after July 1, 2015, may conduct
forensic analysis in a new forensic discipline as provided in this paragraph. If the standard
described in paragraph (a), (b), or (c), under which the laboratory is accredited applies to
the new discipline, the laboratory must become accredited in the new discipline under the
appropriate standard within one year of when it first begins conducting forensic analysis in
the new discipline. If the standard described in paragraph (a), (b), or (c), under which the
laboratory is accredited does not apply to the new discipline, the laboratory must become
accredited in the new discipline under the appropriate standard within three years of when
it first begins conducting forensic analysis in the new discipline. A laboratory seeking
accreditation in a new discipline under this paragraph must follow the standards necessary
for accreditation during the period before accreditation.
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new text begin (f) Notwithstanding paragraphs (d) and (e), upon the written request of a laboratory
that contains the specific reasons for the request, the commissioner of public safety may
extend by one year the three-year and one-year periods described in paragraphs (d) and (e)
by which a laboratory must become initially accredited or accredited in a new discipline.
Each deadline may be extended only once.
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new text begin (g) A forensic laboratory must forward to the commissioner of public safety copies
of the laboratory's certificate of accreditation and scope of accreditation or, every six
months, an affirmation that the laboratory is in compliance with paragraph (a), clause (2);
paragraph (b), clause (2); or paragraph (c), clause (2). A forensic laboratory seeking
accreditation in a new discipline must forward to the commissioner every six months an
affirmation that the laboratory is in compliance with paragraph (e). The commissioner
shall post these items on the department's Web site. In addition, the commissioner shall
post any approved requests for extensions of a laboratory's deadline to become accredited
along with the laboratory's stated reasons for the extension. The commissioner shall ensure
that the Web site is kept up to date and delete affirmations of compliance with paragraph
(a), clause (2); paragraph (b), clause (2); paragraph (c), clause (2); and paragraph (e) once
the laboratory has achieved accreditation or is no longer working towards accreditation.
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