SF 1725

as introduced - 88th Legislature (2013 - 2014) Posted on 02/28/2014 03:45pm

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 forensic 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.
new text end

new text begin (b) A forensic laboratory operating on or after January 1, 2015, that conducts
forensic analysis in the disciplines of forensic toxicology, identification of controlled
substances, or forensic 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) except as provided in paragraph (e), 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.
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new text begin (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
period described in paragraph (d) by which a laboratory must become accredited. The
commissioner may extend a laboratory's deadline only once.
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new text begin (f) 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). 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 three-year 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); and paragraph (c), clause (2), once the laboratory has
achieved accreditation or is no longer working towards accreditation.
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Sec. 2. new text begin LEGISLATIVE INTENT.
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new text begin The legislature's intent in enacting this act is to improve the quality of forensic
analysis conducted in forensic laboratories within the state and to impose minimum
standards that provide greater uniformity of forensic analysis. It is not the legislature's
intent to attempt to dictate a court's decision regarding the admissibility of forensic
evidence or testimony or the weight that this evidence or testimony is given.
new text end