Effective 28 Aug 2009

650.059. Crime laboratory review commission established, purpose, members, vacancies, powers and duties. — 1. There is hereby established within the department of public safety a "Crime Laboratory Review Commission" to provide independent review of any state or local Missouri crime laboratory receiving state-administered funding.

2. The commission shall consist of five members who shall be citizens of this state, including one senior manager from a crime laboratory within the state that is accredited by a body approved by the department of public safety, one licensed law enforcement officer employed by a county or municipality in a management position, one prosecuting attorney, one criminal defense attorney, and the director of the department of public safety or his or her designee.

3. Except for the director of the department of public safety or his or her designee, the members shall be appointed by the governor with the advice and consent of the senate. For the initial term, the prosecuting attorney and criminal defense attorney shall serve a term of two years. The law enforcement officer and the crime laboratory senior manager shall serve an initial term of four years. Thereafter, all appointments shall be for terms of four years. Except for the director of the department of public safety or his or her designee, the governor shall fill any vacancy by appointment for the unexpired term and each member of the board shall hold office until such member's successor is appointed and qualified.

4. If a member no longer meets the qualifications for which he or she was appointed, the member's seat shall be deemed vacant.

5. The members of the commission shall not receive compensation for their services other than to receive reimbursement costs directly associated with the execution of their commission duties.

6. The director of the department of public safety or his or her designee shall serve as chairman of the commission. The commission shall meet at least annually to review the current status of crime laboratories in this state. Three members of the commission shall constitute a quorum.

7. For the purposes of this section, the term "crime laboratory" shall mean any forensic science laboratory operated or supported financially by the state or any unit of city, county, or other local Missouri government receiving state-administered funding, and employs at least one scientist who examines physical evidence in criminal matters and provides expert or opinion testimony with respect to such physical evidence in a state court of law.

8. The commission shall have the power to:

(1) Assess the capabilities and needs of Missouri crime laboratories, as well as their ability to deliver quality forensic services in a timely manner to law enforcement agencies in the state of Missouri;

(2) Authorize independent external investigations into allegations of serious negligence or misconduct committed by employees or contractors of a crime laboratory substantially affecting the integrity of forensic results. The commission shall solicit input and guidance from any appropriate expert as it deems necessary in the investigation process;

(3) Appoint members to inspection or investigative teams to assist in carrying out the duties described in subdivisions (1) and (2) of this subsection;

(4) Issue reprimands to crime laboratories and to employees or contractors of crime laboratories found to be negligent or engaging in misconduct in the execution of their responsibilities;

(5) Make recommendations for changes in procedure of crime laboratories found to be negligent in the execution of their responsibilities; and

(6) Issue reports to the director of the department of public safety summarizing any findings of negligence or misconduct of a crime laboratory or an employee or contractor of a crime laboratory and making recommendations regarding revocation or suspension of grant funding that the commission deems warranted.

9. The commission shall submit an annual report to the governor summarizing its activities and any suggestions to improve the quality management systems within the crime laboratories in the state, but shall not make recommendations related to relocation or consolidation of these crime laboratories.

10. The department of public safety shall have the authority to revoke any grant money from a crime laboratory if the laboratory does not cooperate with the commission or if allegations of serious misconduct or negligence are substantiated by the commission.

11. In the event the commission takes a vote concerning only a particular crime laboratory, the appointee serving as a senior manager of a crime laboratory or licensed law enforcement officer shall recuse himself or herself from such vote if it involves the crime laboratory employing such senior manager or a crime laboratory operated by the municipality employing such officer.

­­--------

(L. 2009 H.B. 62)