Amendment #11, as changed to H4011

Forensic Science Commission

Mr. Linsky of Natick moves to amend the amendment Representative Linsky of Natick moves to further amend Amendment 11 by striking the amendment in its entirety and inserting in place thereof, the following:-

Representative Linsky of Natick moves to amend the bill by inserting after section 97 the following section:

SECTION 97A. Notwithstanding any special or general law to the contrary, there shall be a special commission established to investigate and study the integrity of forensic analysis performed in state and municipal laboratories.  The commission shall consist of 11 members who shall be appointed by the governor as follows: 1 of whom shall have expertise in forensic science; 1 of whom shall have expertise in cognitive bias; 1 of whom shall work in academia in a research field adjacent to forensic science; 1 of whom shall have expertise in statistics; 1 of whom shall have expertise in forensic laboratory management; 1 of whom shall have expertise in clinical quality management; 1 of whom shall be nominated by the Massachusetts District Attorneys Association; 1 of whom shall be nominated by the Attorney General of Massachusetts, who shall serve as chair; 1 of whom shall be nominated by the Committee of Public Counsel Services; 1 of whom shall be nominated by the Massachusetts Association of Criminal Defense Lawyers; and 1 of whom shall be nominated by the New England Innocence Project.  No member, other than those nominated by the Massachusetts District Attorneys Association, the Attorney General of Massachusetts, the 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.

The investigation shall include, but not be limited to:

(a)evaluating the manner in which forensic laboratories report professional negligence or misconduct;

(b)identifying professional negligence or misconduct that could affect the integrity or results of forensic analysis;

(c)evaluating laboratory accreditation and professional licensing processes;

(d)identifying measures to improve the quality of forensic analysis performed in laboratories; and

(e)recommending improvements to education and training in forensic science.

The commission shall file the findings of its study by December 31, 2018, with the clerks of the house and the senate, who shall forward the report to the chairmen of the house committee on ways and means, the senate committee on ways and means, and the joint committee on the judiciary.