650.059. Crime laboratory review commission established, purpose, members, vacancies, powers and duties.
Crime laboratory review commission established, purpose, members,vacancies, powers and duties.
650.059. 1. There is hereby established within the department ofpublic safety a "Crime Laboratory Review Commission" to provide independentreview of any state or local Missouri crime laboratory receivingstate-administered funding.
2. The commission shall consist of five members who shall be citizensof this state, including one senior manager from a crime laboratory withinthe state that is accredited by a body approved by the department of publicsafety, one licensed law enforcement officer employed by a county ormunicipality in a management position, one prosecuting attorney, onecriminal defense attorney, and the director of the department of publicsafety or his or her designee.
3. Except for the director of the department of public safety or hisor her designee, the members shall be appointed by the governor with theadvice and consent of the senate. For the initial term, the prosecutingattorney and criminal defense attorney shall serve a term of two years.The law enforcement officer and the crime laboratory senior manager shallserve an initial term of four years. Thereafter, all appointments shall befor terms of four years. Except for the director of the department ofpublic safety or his or her designee, the governor shall fill any vacancyby appointment for the unexpired term and each member of the board shallhold office until such member's successor is appointed and qualified.
4. If a member no longer meets the qualifications for which he or shewas appointed, the member's seat shall be deemed vacant.
5. The members of the commission shall not receive compensation fortheir services other than to receive reimbursement costs directlyassociated with the execution of their commission duties.
6. The director of the department of public safety or his or herdesignee shall serve as chairman of the commission. The commission shallmeet at least annually to review the current status of crime laboratoriesin 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 supportedfinancially by the state or any unit of city, county, or other localMissouri government receiving state-administered funding, and employs atleast one scientist who examines physical evidence in criminal matters andprovides expert or opinion testimony with respect to such physical evidencein 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 timelymanner to law enforcement agencies in the state of Missouri;
(2) Authorize independent external investigations into allegations ofserious negligence or misconduct committed by employees or contractors of acrime laboratory substantially affecting the integrity of forensic results.The commission shall solicit input and guidance from any appropriate expertas it deems necessary in the investigation process;
(3) Appoint members to inspection or investigative teams to assist incarrying out the duties described in subdivisions (1) and (2) of thissubsection;
(4) Issue reprimands to crime laboratories and to employees orcontractors of crime laboratories found to be negligent or engaging inmisconduct in the execution of their responsibilities;
(5) Make recommendations for changes in procedure of crimelaboratories found to be negligent in the execution of theirresponsibilities; and
(6) Issue reports to the director of the department of public safetysummarizing any findings of negligence or misconduct of a crime laboratoryor an employee or contractor of a crime laboratory and makingrecommendations regarding revocation or suspension of grant funding thatthe commission deems warranted.
9. The commission shall submit an annual report to the governorsummarizing its activities and any suggestions to improve the qualitymanagement systems within the crime laboratories in the state, but shallnot make recommendations related to relocation or consolidation of thesecrime laboratories.
10. The department of public safety shall have the authority torevoke any grant money from a crime laboratory if the laboratory does notcooperate with the commission or if allegations of serious misconduct ornegligence are substantiated by the commission.
11. In the event the commission takes a vote concerning only aparticular crime laboratory, the appointee serving as a senior manager of acrime laboratory or licensed law enforcement officer shall recuse himselfor herself from such vote if it involves the crime laboratory employingsuch senior manager or a crime laboratory operated by the municipalityemploying such officer.
(L. 2009 H.B. 62)