SENATE DOCKET, NO. 2048        FILED ON: 1/20/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1285

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

William N. Brownsberger

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to the establishment of a forensic science commission.

_______________

PETITION OF:

SENATE DOCKET, NO. 2048        FILED ON: 1/20/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1285

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninetieth General Court
(2017-2018)

_______________

An Act relative to the establishment of a forensic science commission.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 6 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out section 184A in its entirety and inserting in place thereof the following new section:-

Section 184A.  Massachusetts Forensic Science Commission.

To increase public trust in forensic work there shall be established in the executive office of public safety and security the Massachusetts Forensic Science Commission (“Commission”) which shall provide enhanced, objective, and independent auditing and oversight of forensic evidence used in criminal matters and analysis done in state and municipal laboratories. 

The Commission shall consist of eleven members who shall be appointed by the governor as follows:  one person with expertise in forensic science; one person with expertise in cognitive bias; one person in academia in a research field adjacent to forensic science; one person with expertise in statistics; one person with expertise in forensic laboratory management; one person with expertise in clinical quality management; one person nominated by the Massachusetts District Attorneys Association; one person nominated by the Attorney General of Massachusetts; one person nominated by the Committee of Public Counsel Services; one person nominated by the Massachusetts Association of Criminal Defense Lawyers; and, one person nominated by the New England Innocence Project.  No member, other than those nominated by the Massachusetts District Attorneys Association, the Attorney General of Massachusetts, Committee of Public Council Services or the New England Innocence Project shall be employed by or affiliated with any state or municipal forensic laboratory throughout the term of membership.

All appointments shall be for a term of four years.  A vacancy, other than by expiration of term, shall be filled by the governor for the unexpired term.

The chair of the commission shall be elected from among the members appointed.  Staff shall be provided by the executive office of public safety and security. 

The commission shall meet at times and places as is requested by five of its members but in no event shall meet less than quarterly.  Members shall not designate a proxy to vote in their absence.

Members of the Commission shall be compensated for reasonable and necessary expenses incurred in the performance of their duties.

The Commission shall initiate an investigation into any forensic science, technique or analysis used in a criminal matter upon:

Application by any person alleging that a forensic technique used was not scientifically valid, and at least five members of the Commission agree; or,

Application made by any person alleging professional negligence or misconduct that could affect the integrity or results of a forensic analysis, and at least five members of the Commission agree; or,

At least five members of the Commission determine that an investigation of a forensic analysis would advance the integrity and reliability of forensic science in the Commonwealth.

The Commission shall have the following powers: to compel production of evidence relating to a forensic science or allegation of professional misconduct or negligence; to grant immunity to any witness providing evidence; to report its findings to any accrediting body or professional licensing body.

The results of any investigation by the Commission, with any resultant recommendations, shall be reported to the Executive Office of Public Safety and Security, the Joint Committee on Public Safety and Homeland Security, the Supreme Judicial Court, the Massachusetts District Attorney’s Association, the Attorney General, the Committee for Public Counsel Services, the Massachusetts Association of Criminal Defense Lawyers, and the New England Innocence Project.

The Commission shall develop and implement a system for forensic laboratories to report professional negligence or misconduct and any such facility shall be required to report to the Commission such instance of professional negligence and misconduct.

The Commission shall oversee laboratory accreditation as well as the establishment of procedures and policies to strengthen the quality of forensic analysis.

The Commission shall actively engage stakeholders in the criminal justice system in forensic development initiatives, and shall work with stakeholders to improve education and training in forensic science and the law.