SENATE BILL NO. 276
April 18, 2019, Introduced by Senators BARRETT
and CHANG and referred to the Committee on Judiciary and Public Safety.
the people of the state of michigan enact:
Sec. 1. This act shall be known and may be cited as the "forensic science commission act".
Sec. 3. (1) The forensic science commission is created in the legislative council.
(2) The commission consists of the following 11 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 individual from the private sector or a university in this state who has earned a doctor of philosophy in psychology or a related field and who has published scholarship related to cognitive bias in a peer-reviewed journal.
(e) One individual from the private sector or a university in this state who has earned a doctor of philosophy in statistics or a related field and who has published scholarship related to statistics in a peer-reviewed journal.
(f) Three individuals from the private sector or a university in this state, each of whom has earned a doctor of philosophy in a distinct field relevant to forensic science and who has published scholarship related to the field in a peer-reviewed journal.
(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.
(i) One individual from an accrediting body for an industry that is not a forensic science industry and that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Arrangements for Testing Laboratories.
(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 (2)(g) and (h) shall serve for 2 years, the 4 members appointed under subsection (2)(a), (b), (c), and (i) shall serve for 3 years, and the 5 members appointed under subsection (2)(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 must 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 must 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 must 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 must 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 the 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. 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 that, and the name of any forensic analyst who, 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) Prosecuting attorneys.
(c) Defense attorneys.
(d) Judges.
(e) Forensic medical service providers.
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. The commission shall verify that forensic laboratories have obtained the accreditation required under this subsection.
(2) Beginning January 1, 2020, a forensic science service provider that provides forensic analyses 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. The commission shall verify that forensic science service providers have obtained the accreditation required under this subsection.
Enacting section 1. This act takes effect 90 days after the date it is enacted into law.
Enacting section 2. This act does not take effect unless Senate Bill No. 277 of the 100th Legislature is enacted into law.