Section 8: Conditions of analysis; selection of forensic service provider; equal access to personnel and information; retention of material evidence to allow for replicate analysis; cooperation with laboratory by moving party
Section 8. (a) In allowing a motion under section 3, the court shall specify conditions on the analysis, including, but not limited to, the transportation, handling and return of evidence or biological materials, to protect the integrity of the evidence or biological material and the analysis.
(b) The prosecuting attorney and the moving party shall agree on a forensic services provider accredited by an accreditation body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Agreement and offers forensic laboratory accreditation services to conduct the analysis, which, except in the case of exhaustive testing, may include the forensic and technology center of the state police crime laboratory or the Boston police department crime laboratory units.
(c) If the prosecuting attorney and the moving party are unable to agree on a forensic services provider, the prosecuting attorney and the moving party shall submit to the court a list of not more than 3 forensic services providers who are accredited by an accreditation body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Agreement and offers forensic laboratory accreditation services and have the capability to perform the requested analysis. The court shall select a forensic services provider from either list. For purposes of this section, ''laboratory'' shall refer to the forensic services provider selected under this subsection or subsection (b).
(d) The laboratory shall give equal access to its personnel, opinions, conclusions, reports and other documentation to the prosecuting attorney and the moving party.
(e) The laboratory shall retain and maintain the integrity of a sufficient portion of the evidence or biological material for replicate analysis. If, after initial examination of the evidence or biological material, but before the actual analysis, the laboratory determines that there is insufficient material for replicate analysis, it shall simultaneously notify in writing the prosecuting attorney, the moving party and the court. Exhaustive testing shall not occur except by specific order of the court. In the event that exhaustive testing is so authorized, upon request of either party, the court shall make such orders to ensure that representatives of the moving party and the prosecuting attorney have the opportunity to observe the analysis, unless such observation is inconsistent with the practices or protocols of the laboratory conducting the analysis.
(f) The moving party shall cooperate with the laboratory. At the laboratory's or the prosecuting attorney's request and upon court order, the moving party shall provide biological samples to the laboratory or to law enforcement personnel. If the moving party unreasonably fails to cooperate with such orders, the court may deny the motion with prejudice.