Minnesota Legislature
SF 1187
as introduced - 88th Legislature (2013 - 2014) Posted on 03/08/2013 10:29am
Current Version - as introduced
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A bill for an act
relating to public safety; modifying certain provisions regarding the Forensic
Laboratory Advisory Board; appropriating money; amending Minnesota Statutes
2012, section 299C.156.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2012, 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 require all laboratories tonew 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 ; deleted text begin and
deleted text end
(4) deleted text begin encouragedeleted text end new text begin require all forensicnew 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 deleted text begin appropriatedeleted text end accrediting
body new text begin that requires conformance to standards for testing laboratories established by
the International Organization for Standardization (ISO/IEC 17025) new text end and develop and
implement a process for deleted text begin those entitiesdeleted text end new text begin laboratoriesnew text end to report deleted text begin theirdeleted text end accreditation status
to the boarddeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(5) develop and maintain a clearinghouse for information, resources, and best
practices on forensic analysis and forensic laboratories.
new text end
Subd. 3.
Investigations.
(a) deleted text begin Andeleted text end new text begin A forensic laboratory new text end investigation under
subdivision 2, clause (3)deleted text begin :deleted text end new text begin ,
new text end
deleted text begin (1) maydeleted text end new text begin mustnew text end include the preparation of a written report that identifies and describes
the methods and procedures used to identify:
deleted text begin (i)deleted text end new text begin (1)new text end the alleged negligence or misconduct;
deleted text begin (ii)deleted text end new text begin (2)new text end whether negligence or misconduct occurred; deleted text begin and
deleted text end
deleted text begin (iii)deleted text end new text begin (3)new text end any corrective action required of the laboratorydeleted text begin , facility, or entity; and
deleted text end
deleted text begin
(2) may include one or more:
deleted text end
new text begin
;
new text end
deleted text begin (i)deleted text end new text begin (4)new text end retrospective reexaminations of other forensic analyses conducted by the
laboratorydeleted text begin , facility, or entitydeleted text end that may involve the same kind of negligence or misconduct;
and
deleted text begin (ii)deleted text end new text begin (5)new text end follow-up evaluations of the laboratorydeleted text begin , facility, or entitydeleted text end to review:
deleted text begin (A)deleted text end new text begin (i)new text end the implementation of any corrective action required under clause deleted text begin (1)(iii);
ordeleted text end new text begin (3), if any; and
new text end
deleted text begin (B)deleted text end new text begin (ii)new text end the conclusion of any retrospective reexamination under clause deleted text begin (2)(i)deleted text end new text begin (4), if
anynew text end .
(b) deleted text begin 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 A report prepared under paragraph (a) must be
submitted to the board in a form and manner provided by the board no later than ten days
from the date the report is completed by the laboratory.
new text end
new text begin
(c) A person or entity that manages, operates, or otherwise controls a forensic
laboratory shall not retaliate or take adverse action against an employee or anyone else
who, in good faith, alleges professional negligence or misconduct under subdivision 2.
new text end
new text begin Subd. 3a. new text end
new text begin Accreditation of laboratories. new text end
new text begin
(a) As provided in subdivision 2, clause
(4), a forensic laboratory shall report annually to the board, on a form and in a manner
provided by the board:
new text end
new text begin
(1) the laboratory's accreditation date or that the laboratory is working toward
accreditation in a timely manner; and
new text end
new text begin
(2) once accreditation is attained, the laboratory's maintenance of accreditation
with an accrediting organization.
new text end
new text begin
(b) The board shall maintain a record of accredited laboratories and laboratories
working toward accreditation and make that record readily available to the public.
new text end
new text begin Subd. 3b. new text end
new text begin Immunity. new text end
new text begin
Members, committees, subcommittees, task forces, delegates,
and agents of the board 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, the board's duties under this section.
new text end
deleted text begin Subd. 4. deleted text end
deleted text begin Delegation of duties. deleted text end
deleted text begin
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.
deleted text end
Subd. 5.
deleted text begin Reviews and reports are publicdeleted text end new text begin Data access and classificationnew text end .
deleted text begin
The
board shall make all investigation reports completed under subdivision 3, paragraph
(a), clause (1), available to the public.
deleted text end
new text begin
(a) The board is subject to the Government Data
Practices Act, chapter 13, and must protect from unlawful disclosure data classified as
not public. The board may access data of any classification necessary to conduct an
investigation as provided in this section except for data classified as confidential under
section 13.82, subdivision 7.
new text end
new text begin (b) Data, notes, and preliminary drafts of reports relating to an investigation
completed under subdivision 3, paragraph (a), clause (1), are protected nonpublic and
confidential until the final report of the investigation has been released or the investigation
is closed, such as no longer being actively pursued. Upon release of a final investigative
report, data relating to an investigation are public except data otherwise classified as not
public.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.
new text begin
(c) Data on an individual supplying information for an investigation that could
reasonably be used to determine the individual's identity are private data on individuals
if the information supplied was needed for an investigation and would not have been
provided to the person performing an investigation without an assurance to the individual
that the individual's identity would remain private.
new text end
new text begin
(d) If, before releasing a report, the board provides a person with data relating to
the investigation for the purpose of review and verification of the data, the person must
protect the data from unlawful disclosure or be subject to the penalties and liabilities
provided in sections 13.08 and 13.09.
new text end
deleted text begin Subd. 6. deleted text end
deleted text begin Reports to legislature. deleted text end
deleted text begin
By January 15 of each year, the board shall submit
any report prepared under subdivision 3, paragraph (a), clause (1), during the preceding
calendar year to the governor and the legislature.
deleted text end
Subd. 7.
deleted text begin Forensic analysis processing time period guidelinesdeleted text end new text begin 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 deleted text begin legislature on these issuesdeleted text end new text begin governor and the house of
representatives and senate committees having jurisdiction over criminal justice as to
any report prepared under subdivision 3 and the status of services provided by forensic
laboratoriesnew text end , including the recommendations made by the board to improve deleted text begin turnaround
timesdeleted text end new text begin forensic science servicesnew text end .
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 , "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.deleted text end new text begin :
new text end
new text begin
(1) "forensic analysis" means the application of scientific knowledge and
methodology by an individual who:
new text end
new text begin
(i) has or should have specialized training and utilizes standardized procedures to
conduct examinations on items of evidence;
new text end
new text begin
(ii) forms an opinion or conclusion based on the outcome of the procedure under
item (i) and the individual's training, experience, or both, and writes a report including
the individual's conclusions; and
new text end
new text begin
(iii) has the potential to offer expert testimony of the individual's analysis in a court
of law; and
new text end
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.
new text end
new text begin Subd. 12. new text end
new text begin Expiration. new text end
new text begin
Notwithstanding section 15.059, the Forensic Laboratory
Advisory Board shall not expire.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 2. new text begin APPROPRIATION.
new text end
new text begin
$....... in fiscal year 2014 and $....... in fiscal year 2015 are appropriated from the
general fund to the Forensic Laboratory Advisory Board for the purposes of section 1.
new text end