HB 1380 – AS INTRODUCED
2006 SESSION
08/09
HOUSE BILL 1380
AN ACT establishing the New Hampshire forensic science oversight commission.
SPONSORS: Rep. Hammond, Graf 11; Rep. Ulery, Hills 27
COMMITTEE: Criminal Justice and Public Safety
This bill establishes the New Hampshire forensic science oversight commission.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06-2487
08/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT establishing the New Hampshire forensic science oversight commission.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; New Hampshire Forensic Science Oversight Commission. Amend RSA by inserting after chapter 611-A the following new chapter:
CHAPTER 611-B
THE NEW HAMPSHIRE FORENSIC SCIENCE OVERSIGHT COMMISSION
611-B:1 Purpose and Legislative Findings. The legislature recognizes and acknowledges that there have been significant advances in the forensic sciences. Forensic sciences play an increasingly important role in the investigation of crimes and in the trial of matters before the courts of this state. The legislature also recognizes that malfeasance, fraud, and serious negligence in the forensic sciences can interfere with the investigation of crimes and result in wrongful convictions which leave true perpetrators free to commit more crimes. Therefore, the legislature creates the New Hampshire forensic science oversight commission to monitor and investigate instances where crime laboratories in the state commit malfeasance, fraud, or serious neglect.
611-B:2 Definitions. For the purposes of this chapter:
I. “Crime laboratory” includes a public or private laboratory or other entity that conducts a forensic analysis subject to this article as well as entities that store and maintain forensic evidence. Crime laboratory includes the New Hampshire medical examiner’s office and any other coroner or medical examiner practicing in the state.
II. “Criminal action” includes an investigation, complaint, arrest, bail, bond, trial, appeal, punishment, or other matter related to conduct proscribed by a criminal offense.
III. “Commissioner” means the commissioner of the department of health and human services.
IV. “Forensic analysis” means a medical, chemical, toxicological, ballistic, or other scientific examination or test performed on physical evidence, including DNA evidence, for the purpose of determining the connection of the evidence to a criminal action. The term includes an examination or test requested by a law enforcement agency, prosecutor, criminal suspect or defendant, or court. The term does not include:
(a) A presumptive test performed for the purpose of determining compliance with a term or condition of community supervision or parole and conducted by or under contract with a county department of corrections or the state department of corrections.
(b) An expert examination or test conducted principally for the purpose of scientific research, medical practice, civil or administrative litigation, or other purpose unrelated to determining the connection of physical evidence to a criminal action.
V. “Forensic evidence” means physical evidence which has been or will be subjected to forensic analysis.
VI. “Physical evidence” means any tangible object, thing, or substance relating to a criminal action.
611-B:3 Commission Established; Membership.
I. There is established the New Hampshire forensic science oversight commission.
II. The commission shall consist of the following members, who shall serve without salary or commission and may be reimbursed for travel expenses:
(a) The commissioner of the department of health and human services, who shall serve as chairperson.
(b) A representative of the public health laboratories, appointed by the commissioner of the department of health and human services.
(c) A full-time police chief from a city or town within the state and appointed by the governor.
(d) A sitting county attorney, appointed by the governor.
(e) An active member of the New Hampshire Bar Association who practices in the area of criminal defense, who is recommended by the New Hampshire Association of Criminal Defense Lawyers and appointed by the governor.
(f) Two forensic scientists, recommended by the chancellor of the university system and appointed by the governor.
(g) Two members who specialize in clinical laboratory medicine or science recommended by the chancellor of the university system and appointed by the governor.
III. The members appointed in subparagraphs II(c)-(g) shall serve for 4-year terms and may be reappointed.
IV. The commission shall meet at the call of the chairperson, provided that at least 3 meetings shall be conducted in each fiscal year.
611-B:4 Duties. The commission shall perform the following duties:
I. Develop and implement a reporting system through which crime laboratories, medical examiner offices and all forensic laboratories, facilities, or entities report professional negligence, misconduct, or fraud.
II. Require all crime laboratories, facilities, or entities that conduct forensic analyses and the medical examiner’s office to report professional negligence, misconduct, or fraud to the commission.
III. 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 crime laboratory, facility, or entity or the medical examiner’s office. An investigation under this paragraph:
(a) Shall include the preparation of a written report that identifies and also describes the methods and procedures used to identify:
(1) The alleged negligence or misconduct;
(2) Whether negligence or misconduct occurred; and
(3) Any corrective action required of the laboratory, facility, or entity; and
(b) May include the following:
(1) Retrospective reexaminations of other forensic analyses conducted by the laboratory, facility, or entity that may involve the same kind of negligence or misconduct.
(2) Follow-up evaluations of the laboratory, facility, or entity to review:
(A) The implementation of any corrective action required by the commission; or
(B) The conclusion of any retrospective reexamination under subparagraph (1).
IV. The commission by contract may delegate the duties described in paragraph III to any person the commission determines to be qualified to assume those duties.
V. The commission shall require that a laboratory, facility, or entity investigated under paragraph III pay any costs incurred to ensure compliance with this section.
VI. The commission shall make all investigation reports completed under paragraph III(a) available to the public. A report completed under paragraph III(a), in a subsequent civil or criminal proceeding, is not prima facie evidence of the information or findings contained in the report.
611-B:5 Assistance. The New Hampshire judicial council and the university system of New Hampshire shall assist the commission in performing the commission’s duties.
611-B:6 Rulemaking. The commission shall adopt rules, pursuant to RSA 541-A, governing the conduct, activities, investigations, and proceedings of the commission. The rules shall also govern the selection, employment, and payment of outside experts.
611-B:7 Report. The commission shall submit a report on its findings and recommendations for legislation and administrative changes to the speaker of the house, the senate president, and the governor on or before December 1 of each year.
2 Effective Date. This act shall take effect 60 days after its passage.