HB 1650-FN – AS INTRODUCED
2010 SESSION
04/09
HOUSE BILL 1650-FN
AN ACT establishing a forensic science oversight commission.
SPONSORS: Rep. Robertson, Ches 3
COMMITTEE: Criminal Justice and Public Safety
This bill establishes a forensic science oversight commission for the purpose of developing and implementing a reporting system through which crime laboratories, medical examiner offices, and all forensic laboratories, facilities, or entities report professional negligence, misconduct, or fraud.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2374
04/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT establishing a 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-B the following new chapter:
CHAPTER 611-C
NEW HAMPSHIRE FORENSIC SCIENCE OVERSIGHT COMMISSION
611-C:1 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-C:2 Commission Established; Membership.
I. There is established the New Hampshire forensic science oversight commission. The commission shall consist of the following members, who shall serve without salary or commission, but who 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) An attorney currently serving as 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 of New Hampshire and appointed by the governor.
(g) Two members who specialize in clinical laboratory medicine or science recommended by the chancellor of the university system of New Hampshire and appointed by the governor.
II. The members appointed in subparagraphs I(c)-(g) shall serve 4-year terms and may be reappointed.
III. The commission shall meet at the call of the chairperson, provided that at least 3 meetings shall be conducted in each year.
611-C:3 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; and
(2) Follow-up evaluations of the laboratory, facility, or entity to review the implementation of any corrective action required by the commission or the conclusion of any retrospective reexamination under subparagraph (b)(1).
IV. The commission may by contract 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 subparagraph III(a) available to the public. A report completed under subparagraph III(a), in a subsequent civil or criminal proceeding, is not prima facie evidence of the information or findings contained in the report.
611-C:4 Assistance. The New Hampshire judicial council and the university system of New Hampshire shall assist the commission in performing the commission’s duties.
611-C:5 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 experts used by the commission.
611-C:6 Report. The commission shall submit a report of its findings, including any recommendations for legislation and administrative changes to the speaker of the house of representatives, the senate president, the house clerk, the senate clerk, and the governor on or before December 1 of each year.
2 Effective Date. This act shall take effect 60 days after its passage.
LBAO
10-2374
12/16/09
HB 1650-FN - FISCAL NOTE
AN ACT establishing a forensic science oversight commission.
FISCAL IMPACT:
The Department of Health and Human Services and Judicial Council state this bill may increase state expenditures by an indeterminable amount in FY 2011 and each year thereafter. This bill will have no fiscal impact on state, county and local revenue, or county and local expenditures.
METHODOLOGY:
The Department of Health and Human Services (DHHS) states this bill establishes a forensic oversight commission for the purpose of developing and implementing a reporting system through which crime laboratories, medical examiner offices, and all forensic laboratories, facilities, or entities report professional negligence, misconduct, or fraud. The Commissioner of DHHS is given the authority over the Commission and the proposed statute. The Department’s Division of Public Health Services (DPHS) assumes the following –
• The Commission will be established and meet at least three times per year;
• The Commissioner of DHHS will chair the Commission, and a representative of the Public Health Laboratories (PHL) will serve on the Commission;
• The Commission will be responsible for requiring all crime laboratories to report to the Commission;
• The Commission will be responsible to investigate any allegation that would affect the integrity of the results of a crime laboratory analysis, and the Commission may contract such duties;
• The Commission will be responsible to identify any corrective action required of the laboratory, facility or entity including follow-up evaluations of the facility;
• DHHS will be responsible for travel reimbursement, and travel expenses to the meetings will vary depending on who the Commission members are and where the meetings are held;
• Commission duties are part of the job responsibilities of members and no salary or commission will be paid to members; and
• The Commission would adopt rules pursuant to RSA 541-A governing the selection, employment, and payment of experts used by the Commission.
LBAO
10-2374
12/16/09
The Department states the PHL does not perform forensic analysis, and does not have any expertise on the matter. Therefore, although this bill does not establish positions or contain an appropriation, DHHS assumes it would have to hire a Program Specialist II (LG 21) or contract with someone who has the skills to develop and implement a reporting system and pursue the other responsibilities mandated by this legislation. In addition, DHHS does not know how much it would cost to develop and implement a reporting system as described in statute but assumes it would be an additional expense since no such system currently exists within the state. The Department assumes the new position would require a personal computer, software and office furniture. Additional allowances would be necessary for telephone, office supplies, postage, and printing. In addition, the Department would require funds for in-state travel since the person hired would have to travel throughout the state to attend Commission meetings. The Department estimates position related costs as follows –
FY 2011 FY 2012 FY 2013 FY 2014
Salary $37,850 $39,390 $41,087 $42,744
Benefits $21,727 $23,371 $25,171 $27,103
Current Expenses $3,000 $3,000 $3,000 $3,000
Rent $8,616 $8,874 $9,141 $9,415
Equipment $3,500 $0 $0 $0
In-State Travel $1,063 $1,063 $1,063 $1,063
Total $75,756 $75,698 $79,462 $83,325
The Department states the total fiscal impact is indeterminable since the costs of the reporting system and payment of experts is unknown at this time.
The Judicial Council is unable to determine what, if any, fiscal impact this bill will have on the operating budget of the Council since the role of the Council in assisting the Commission is unknown at this time.
The University System of New Hampshire states this bill will have no fiscal impact on the System.