HOUSE BILL No. 6026

 

 

May 17, 2018, Introduced by Rep. Barrett and referred to the Committee on Judiciary.

 

     A bill to create the forensic science commission; to prescribe

 

its powers and duties; to regulate forensic laboratories, forensic

 

science service providers, and forensic medical service providers;

 

and to prescribe the powers and duties of certain state agencies

 

and offices.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. (1) This act shall be known and may be cited as the

 

"forensic science commission act".

 

     (2) As used in this act:

 

     (a) "Commission" means the forensic science commission created

 

in section 3.

 

     (b) "Corrective action" means an action taken to control and

 

correct issues of and address the consequences of nonconformance.

 

     (c) "Forensic medical service provider" means a forensic


medicine agency or forensic medicine practitioner providing

 

forensic medicine services.

 

     (d) "Forensic medicine" means the application of medical

 

knowledge and practices to the investigation of the medicolegal

 

aspects of death, injury, neglect, or behavior.

 

     (e) "Forensic medicine agency" means an entity, or an agency

 

of this state, that employs forensic medicine practitioners and

 

issues reports prepared by forensic medicine practitioners.

 

     (f) "Forensic science" means the application of scientific or

 

technical practices to the recognition, collection, analysis, and

 

interpretation of evidence for criminal and civil law or regulatory

 

issues.

 

     (g) "Forensic science agency" means an entity, or an agency of

 

this state, that employs forensic science practitioners and issues

 

reports prepared by forensic science practitioners.

 

     (h) "Forensic science service provider" means a forensic

 

science agency or forensic science practitioner providing forensic

 

science services.

 

     (i) "Nonconformance" means a mistake in the course of the

 

forensic science process that has affected the accuracy and

 

reliability of the work of forensic science or forensic medical

 

service providers.

 

     Sec. 3. (1) The forensic science commission is created in the

 

legislative council.

 

     (2) The commission consists of the following 10 members

 

appointed by the governor:

 

     (a) One individual who has experience as a forensic scientist


in a supervisory role in the forensic science division of the

 

department of state police.

 

     (b) One physician who is board certified as a pathologist and

 

has experience in forensic pathology.

 

     (c) One individual who has experience as a forensic science

 

practitioner.

 

     (d) One professor from a university in this state who has

 

research expertise in cognitive bias.

 

     (e) One professor from a university in this state who has

 

expertise in statistics.

 

     (f) Three professors from a university in this state, each of

 

whom has research expertise in a distinct field relevant to

 

forensic science.

 

     (g) One individual selected from a list of 10 individuals

 

submitted by the Prosecuting Attorneys Association of Michigan.

 

     (h) One individual selected from a list of 10 individuals

 

submitted by the Criminal Defense Attorneys of Michigan.

 

     (3) The members first appointed to the commission must be

 

appointed within 90 days after the effective date of this act.

 

     (4) Except as otherwise provided in this subsection, members

 

of the commission serve for terms of 4 years or until a successor

 

is appointed, whichever is later. Of the members first appointed,

 

the 2 members appointed under subsection (1)(g) and (h) shall serve

 

for 2 years, the 3 members appointed under subsection (1)(a), (b),

 

and (c) shall serve for 3 years, and the 5 members appointed under

 

subsection (1)(d), (e), and (f) shall serve for 4 years. The

 

governor may reappoint an individual who has previously served as a


member of the commission.

 

     (5) If a vacancy occurs on the commission, the governor shall

 

make an appointment for the unexpired term in the same manner as

 

the original appointment.

 

     (6) The governor may remove a member of the commission for

 

incompetence, dereliction of duty, malfeasance, misfeasance, or

 

nonfeasance in office, or any other good cause.

 

     (7) The first meeting of the commission shall be called not

 

later than 180 days after the effective date of this act. At the

 

first meeting, the commission shall elect from among its members a

 

chairperson and other officers as it considers necessary or

 

appropriate. After the first meeting, the commission shall meet at

 

least quarterly, or more frequently if requested by 6 or more

 

members.

 

     (8) Six of the members of the commission constitute a quorum

 

for the transaction of business at a meeting of the commission. At

 

least 6 of the members present and serving are required for

 

official action of the commission. A commission member may not vote

 

by proxy.

 

     (9) The business that the commission may perform shall be

 

conducted at a public meeting of the commission held in compliance

 

with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

 

     (10) A writing prepared, owned, used, in the possession of, or

 

retained by the commission in the performance of an official

 

function is subject to the freedom of information act, 1976 PA 442,

 

MCL 15.231 to 15.246.

 

     (11) Members of the commission shall serve without


compensation. However, members of the commission may be reimbursed

 

for their actual and necessary expenses incurred in the performance

 

of their official duties as members of the commission.

 

     (12) The commission shall do all of the following:

 

     (a) Establish and update policies and procedures to implement

 

this act.

 

     (b) Engage criminal justice stakeholders and coordinate

 

resources within this state.

 

     (c) On or before December 1 of each year, submit a report to

 

the legislature evaluating the needs and performance of the

 

forensic science division of the department of state police, the

 

forensic science service providers, and the forensic medical

 

service providers, and describing the work of the commission for

 

that year.

 

     (13) The legislative council shall provide the commission with

 

suitable office space, staff, and necessary equipment.

 

     Sec. 5. (1) The commission shall develop and implement a

 

system for the reporting of professional negligence, misconduct, or

 

nonconformance by or in a forensic laboratory that affects the

 

integrity of the forensic science or forensic medicine results.

 

     (2) If an employee of a forensic laboratory or any other

 

individual has discovered, has suspicion, or has reason to believe

 

an act of professional negligence, misconduct, or nonconformance

 

has affected the integrity of forensic science or forensic medicine

 

results, that employee or individual may report that act in the

 

manner required by the commission.

 

     (3) A forensic laboratory shall report an act of professional


negligence, misconduct, or nonconformance that has affected the

 

integrity of the forensic science or forensic medicine results in

 

the manner required by the commission.

 

     Sec. 7. (1) The commission shall investigate the conduct and

 

operation of a forensic science or forensic medicine method,

 

technique, or analysis used in a criminal case if the commission

 

receives a report from any source alleging professional negligence,

 

misconduct, or nonconformance by or in a forensic laboratory and 6

 

or more members of the commission concur in the commission

 

investigating the conduct. An investigation under this subsection

 

is limited to the allegations in the report.

 

     (2) The commission may investigate a forensic laboratory or

 

the use of a forensic discipline on its own initiative if 6 or more

 

members of the commission concur that an investigation of the

 

forensic laboratory or the use of a forensic discipline is

 

necessary to advance the integrity and reliability of forensic

 

science and forensic medicine in this state.

 

     (3) The commission may examine or copy records or papers of

 

any forensic laboratory relating to any requirement under this act

 

while conducting an investigation under this section. A member of

 

the commission may issue a subpoena requiring a person to produce

 

any evidence pertaining to the question involved in the

 

investigation being conducted by the commission.

 

     (4) The commission may create a committee of the following

 

members, who must not be individuals employed at the forensic

 

laboratory subject to the investigation, to assist the commission

 

in an investigation under this section:


     (a) A member of the commission, who will serve as the

 

chairperson of the committee.

 

     (b) An equal number of individuals from each of the following

 

groups:

 

     (i) Criminal defense attorneys.

 

     (ii) Prosecuting attorneys.

 

     (iii) Law enforcement officers.

 

     (c) An individual who is a forensic science practitioner with

 

knowledge of the laboratory system under investigation or of a

 

change in science that affects the integrity of the results of the

 

forensic analysis.

 

     (d) An individual who is an independent forensic science

 

practitioner with subject matter expertise.

 

     (e) An individual who is a statistician.

 

     (f) An individual who is a researcher in the relevant

 

scientific discipline.

 

     (5) After the completion of an investigation under this

 

section, the commission shall create a report that contains all of

 

the following:

 

     (a) A description of the allegation in the report received

 

under subsection (1) or the basis for an investigation initiated by

 

the commission under subsection (2).

 

     (b) The name and location of the forensic laboratory and the

 

name of any analyst that is the subject of the investigation.

 

     (c) The disposition of the investigation.

 

     (d) If corrective action was taken by the forensic laboratory,

 

a description of that action.


     (e) Findings regarding the integrity and reliability of the

 

conduct or operation of a forensic science or forensic medicine

 

method, technique, or analysis and recommendations for best

 

practices.

 

     (6) The commission shall make a report created under

 

subsection (5) available to the public on the internet and shall

 

submit that report to the supreme court, the standing committees of

 

the senate and house of representatives concerning the judiciary,

 

the attorney general, the Prosecuting Attorneys Association of

 

Michigan, the appellate defender office, and the Criminal Defense

 

Attorneys of Michigan.

 

     (7) The commission shall develop and implement a defendant

 

notification procedure for investigations conducted under this

 

section that includes all of the following:

 

     (a) Notification to institutional stakeholders, the defendant

 

in the criminal case, and that defendant's attorney, if applicable,

 

the disposition, if that disposition includes a finding that an act

 

of professional negligence, misconduct, nonconformance, or a change

 

in science affected the integrity of the results of a forensic

 

analysis.

 

     (b) A requirement that the defendant in the criminal case

 

acknowledge receipt of the information described under this

 

subsection and a method for the commission to receive the

 

acknowledgment.

 

     (c) A description of the technical issue and a written summary

 

of the facts.

 

     (d) A referral to relevant resources, including, but not


limited to, public defenders.

 

     (e) A protocol for the commission to provide potentially

 

affected defendants with information regarding relevant resources.

 

     (8) The commission may create a committee of members from the

 

following groups to assist the commission in developing the

 

notification procedure under subsection (7):

 

     (a) Forensic science division of the department of state

 

police.

 

     (b) Forensic medical service providers.

 

     (c) Prosecutors.

 

     (d) Defense attorneys.

 

     (e) Judges.

 

     Sec. 9. The commission may not issue a finding related to the

 

guilt or innocence of a party in an underlying trial or any pending

 

case involving conduct investigated by the commission.

 

     Sec. 11. (1) Beginning January 1, 2020, a forensic laboratory

 

in this state that conducts forensic analysis must be accredited by

 

an accrediting body that requires conformance to the appropriate

 

quality assurance standards required by the Federal Bureau of

 

Investigation and to forensic-specific requirements, and that is a

 

signatory to the International Laboratory Accreditation Cooperation

 

Mutual Recognition Arrangements for Testing Laboratories.

 

     (2) Beginning January 1, 2020, forensic science service

 

providers that provide forensic science services in this state and

 

forensic medical service providers that provide forensic medicine

 

services in this state must be accredited by an accrediting body

 

that requires conformance to forensic-specific requirements and


that is a signatory to the International Laboratory Accreditation

 

Cooperation Mutual Recognition Arrangements for Testing

 

Laboratories.

 

     Enacting section 1. This act takes effect 90 days after the

 

date it is enacted into law.