Bill Summary – FastDemocracy

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                                              A BILL

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                                               24-838

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                     IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

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                                        _________________

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 To amend the Department of Forensic Sciences Establishment Act of 2011 to redesignate the

       Department of Forensic Sciences as the Forensic Sciences and Public Health Laboratory,

       to redesignate the Laboratory as an independent agency within the executive branch of the

       District of Columbia government, to amend the qualifications and term of the Director, to

       expand the types of documents that are to be made publicly available, to amend the duties

       of the Director, to codify the budget process for the Laboratory, to establish the position of

       Chief Forensic Sciences Officer within the Laboratory, to address circumstances that

       unduly bias the provision of forensic sciences services and independence of the Laboratory,

       to redesignate the Science Advisory Board as the Science Advisory and Review Board, to

       provide for a robust procedure for addressing self-disclosures, complaints, or allegations

       of testing errors before the Board, to require that correspondence and reports published by

       the Board be made public, to expand membership and change the qualifications for

       members on the Board, to grant access to the Board to all records of the Laboratory, and to

       amend existing law to conform to the redesignations of the Laboratory and the Board.

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          BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this

 act may be cited as the Restoring Trust and Credibility to Forensic Sciences Amendment Act of

 2022.

          Sec. 2. The Department of Forensic Sciences Establishment Act of 2011, effective August

 17, 2011 (D.C. Law 19-18; D.C. Official Code  5-1501.01 et seq.), is amended as follows:

          (a) Section 2 (D.C. Official Code  5-1501.01) is amended as follows:

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                 (1) Paragraph (1) is amended by striking the phrase Science Advisory and

 inserting the phrase Science Advisory and Review in its place.

                 (2) Paragraph (2) is repealed.

                 (3) Paragraph (3) is amended by striking the phrase Department of Forensic

 Sciences and inserting the phrase Forensic Sciences and Public Health Laboratory in its place.

                 (4) A new paragraph (4A) is added to read as follows:

                 (4A) Laboratory means the Forensic Sciences and Public Health Laboratory

 established by section 3..

          (b) Section 3 (D.C. Official Code  5-1501.02) is amended as follows:

                 (1) The section heading is amended by striking the phrase Department of Forensic

 Sciences and inserting the phrase Forensic Sciences and Public Health Laboratory in its place.

                 (2) Subsection (a) is repealed.

                 (3) A new subsection (a-1) is added to read as follows:

          (a-1) There is established as an independent agency within the executive branch of the

 government of the District of Columbia, the Forensic Sciences and Public Health Laboratory..

                 (4) Subsection (b) is amended as follows:

                        (A) The lead-in language is amended by striking the phrase Department

 shall be to provide and inserting the phrase Laboratory shall be to provide independent, in its

 place.

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                           (B) Paragraph (2) is amended by striking the phrase ; and and inserting a

 semicolon in its place.

                           (C) A new paragraph (2A) is added to read as follows:

                 (2A) A commitment to timely response and accountability to customers and

 stakeholders; and.

                 (5) Paragraph (3) is amended by striking the word safety and inserting the word

 health in its place.

         (c) Section 4 (D.C. Official Code  5-1501.02) is repealed.

         (d) A new section 4a is added to read as follows:

         Sec. 4a. Director; appointment, qualifications, compensation, and term.

         (a)(1) The Laboratory shall be headed by a Director who shall be appointed by the Mayor,

 with the advice and consent of the Council.

                 (2) The Mayor shall submit a nomination for the position of Director to the

 Council for a 90-day period of review, excluding days of Council recess. If the Council does not

 approve or disapprove the nomination, by resolution, within the 90-day review period, the

 nomination shall be deemed disapproved.

         (b) The Director shall have demonstrated knowledge of forensic sciences and have:

                 (1) Graduated from an accredited college or university with a masters degree or

 higher in an applicable area of science;

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                (2) Demonstrated management and administrative skills in the public or private

 sector; and

                (3) A minimum of 5 years management-level experience supervising employees

 in a government agency or private business association with more than 50 employees.

        (c) The Director shall be compensated at a rate equal to Level 3 of the Public Safety

 Executive Service pay schedule pursuant to section 1052a of the District of Columbia Government

 Comprehensive Merit Personnel Act of 1978, effective May 2, 2015 (D.C. Law 20-267; D.C.

 Official Code  1-610.52a).

        (d)(1) The Director shall be appointed for a 6-year term.

                (2) If a vacancy in the position of Director occurs as a consequence of resignation,

 disability, death, or reason other than the expiration of the term of the Director, the Mayor shall

 appoint a replacement, subject to confirmation by the Council, to fill the unexpired term. A person

 appointed to fill the unexpired term shall serve only for the remainder of the term.

                (3) The Director shall not be subject to removal from office before expiration of

 the Directors term, except upon a written finding of the Mayor of good cause, subject to the right

 of appeal.

                (4) No person shall serve as Director in a holdover capacity for longer than 180

 days after the expiration of the term..

        (e) Section 5 (D.C. Official Code  5-1501.04) is amended as follows:

                (1) Subsection (a) is amended as follows:

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                         (A) Paragraph (1) is amended by striking the word Department and

  inserting the word Laboratory in its place.

                        (B) Paragraph (4) is amended by striking the word Department and

 inserting the phrase Laboratory pursuant to section 13a in its place.

                         (C) Paragraph (6) is repealed.

                        (D) A new paragraph (6A) is added to read as follows:

                (6A) Provide access to the Board to all books, records, and documents of the

 Laboratory; and.

                 (2) Subsection (b) is repealed.

                 (3) A new subsection (b-1) is added to read as follows:

        (b-1) The Director shall develop a publicly-accessible database for the release and

 dissemination of all public documents identified in section 7(i)..

                (4) Subsection (c) is amended as follows:

                        (A) Paragraph (1) is amended by striking the phrase documents

 promulgated pursuant to subsection (b) of this section and inserting the phrase training manuals

 and operating procedures in its place.

                        (B) Paragraph (2) is repealed.

                        (C) A new paragraph (3) is added to read as follows:

                (3) The Director shall address and implement any corrective actions identified by

 the Board pursuant to section 13a(c)(1)(C)..

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                (5) Subsection (d) is amended by striking the word Departments and inserting

 the word Laboratorys in its place.

        (f) A new section 5a is added to read as follows:

        Sec. 5a. Annual budget for the Forensic Sciences and Public Health Laboratory.

        (a)(1) The Director shall prepare and submit to the Mayor, for inclusion in the annual

 budget of the District of Columbia under Part D of Title IV of the District of Columbia Home Rule

 Act, approved December 24, 1973 (87 Stat. 798; D.C. Official Code  1-204.41 et seq.), for the

 year, annual estimates of the expenditures and appropriations necessary for the operation of the

 Laboratory for the year.

                (2) The Mayor shall make recommendations to the Council based on said

 submissions for the Councils action pursuant to section 446 of the District of Columbia Home

 Rule Act, approved December 24, 1973 (87 Stat. 801; D.C. Official Code  1-204.46), and section

 603(c) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 814;

 D.C. Official Code  1-206.03(c)).

        (b) Amounts appropriated for the Laboratory shall be available solely for the operation of

 the agency and shall be paid to the Director by the Mayor (acting through the Chief Financial

 Officer of the District of Columbia) in such installments and at such times as the Director

 requires..

        (g) Section 6 (D.C. Official Code  5-1501.05) is repealed.

        (h) A new section 6a is added to read as follows:

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        Sec. 6a. Chief Forensic Sciences Officer; appointment, qualifications, duties, and other

 personnel.

        (a)(1) The Mayor shall appoint, with the advice and consent of the Council in accordance

 with paragraph (2) of this subsection, a Chief Forensic Sciences Officer of the Laboratory. The

 Chief Forensic Sciences Officer shall report directly to the Director and may be removed only by

 the Mayor upon a written finding of good cause, subject to the right of appeal.

                (2) The Mayor shall submit a nomination for Chief Forensic Sciences Officer to

 the Council for a 90-day period of review, excluding days of Council recess. If the Council does

 not approve or disapprove the nomination, by resolution, within the 90-day review period, the

 nomination shall be deemed disapproved.

        (b) To be eligible for appointment, the Chief Forensic Sciences Officer shall have:

                (1) Graduated from an accredited college or university with a masters or doctoral

 degree in an applicable area of science or forensic analysis;

                (2) Demonstrated training and experience in scientific research and methodology;

                (3) Demonstrated management and administrative experience;

                (4) Demonstrated comprehensive knowledge of forensic sciences;

                (5) A minimum of 10 years experience being employed at a forensic sciences

 laboratory; and

                (6) A minimum of 5 years experience directing or supervising both scientific and

 administrative staff in a forensic science laboratory setting.

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        (c) The Chief Forensic Sciences Officer shall:

               (1) Oversee the operations of all forensic science services in the Laboratory;

               (2) Ensure that all forensic science services in the Laboratory are in compliance

 with accreditation requirements and meet rigorous evidence-based practices;

               (3) Ensure that accreditation and evidence-based practices for all forensic science

 services in the Laboratory are maintained;

               (4) Address and rectify nonconformances for all forensic science services in the

 Laboratory;

               (5) Develop and promulgate training manuals and standard operating procedures,

 including:

                       (A) Protocols for forensic testing, examination, and analysis;

                       (B) Procedures for handling case-specific information to minimize bias;

                       (C) Standards for the maintenance and calibration of all equipment and

 materials, including standards for maintaining logs documenting the maintenance and calibration

 performed;

                       (D) Procedures for estimations of uncertainty;

                       (E) Procedures for monitoring the quality of forensic analysis;

                       (F) Procedures for regular internal and external audits;

                       (G) Proficiency testing protocols;

                       (H) Internal validation studies; and

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                        (I) Standards for reporting results, including model laboratory reports and

 guidelines for the presentation of results in court; and

                (6) Address and implement any corrective action identified by the Board pursuant

 to section 13a(c)(1)(C)..

        (i) Section 7 (D.C. Official Code  5-1501.06) is amended as follows:

                (1) The section heading is amended by striking the word Department and

 inserting the word Laboratory in its place.

                (2) Subsection (a) is amended by striking the word Department and inserting the

 word Laboratory in its place.

                (3) The lead-in language in subsection (b) is amended by striking the word

 Department and inserting the word Laboratory in its place.

                (4) A new subsection (b-1) is added to read as follows:

        (b-1) The Laboratory shall identify task-irrelevant information that could create bias and

 impact the interpretation of evidence submitted for forensic science services and develop policies

 and procedures to address and document exposure to such information..

                (5) Subsection (c) is amended by striking the word Department and inserting the

 word Laboratory in its place.

                (6) The lead-in language of subsection (c-1) is amended by striking the word

 Department and inserting the word Laboratory in its place.

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                (7) Subsection (c-2) is amended by striking the word Department and inserting

 the word Laboratory in its place.

                (8) Subsection (c-3) is amended by striking the word Department and inserting

 the word Laboratory in its place.

                (9) Subsection (d) is amended as follows:

                       (A) Paragraph (1) is amended by striking the word Department and

 inserting the word Laboratory in its place.

                       (B) Paragraph (2) is amended by striking the word Department and

 inserting the word Laboratory in its place.

                       (C) Paragraph (3) is amended to read as follows:

                (3) Any forensic unit not included in the Laboratorys accreditation, and any

 forensic unit subsequently added to the Laboratory, shall be accredited as soon as possible..

                (10) Subsection (e) is amended by striking the word Department and inserting

 the word Laboratory in its place.

                (11) Subsection (f) is amended as follows:

                       (A) The lead-in language is amended by striking the word Department

 and inserting the word Laboratory in its place.

                       (B) Paragraph (3) is amended by striking the word Department and

 inserting the word Laboratory in its place.

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                (12) Subsection (g) is amended by striking the word Department and inserting

 the word Laboratory in its place.

                (13) Subsection (h) is amended as follows:

                        (A) Paragraph (1) is amended by striking the word Department and

 inserting the word Laboratory in its place.

                        (B) Paragraph (2) is repealed.

                        (C) A new paragraph (2A) is added to read as follows:

                (2A)(A) If the records pertain to a criminal prosecution, the Laboratory shall

 provide the prosecutor and defense with identical sets of records; provided, that when the defense

 is not known to the Laboratory, or to the prosecutor, the Laboratory may provide the prosecutor

 with 2 identical sets of records, one for the prosecutor and one for the defense.

                        (B) If the Laboratory did not previously provide records to the current

 attorney of record of the defense, the Laboratory shall provide an identical set of records to the

 defense upon request..

                        (D) Paragraph (3) is amended as follows:

                               (i) Subparagraph (H) is amended to read as follows:

                        (H) Any written communications or records of oral communications

 regarding a specific individual case between the Laboratory and any other agency or between the

 Laboratory and any person not employed by the Laboratory, except as otherwise prohibited by

 law;.

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                                (ii) Subparagraph (I) is amended by striking the period and inserting

 the phrase ; and in its place.

                                (iii) A new subparagraph (J) is added to read as follows:

                        (J) Chain of custody logs, documents, or reports..

                (14) Subsection (i) is amended as follows:

                        (A) The lead-in language is amended to read as follows:

        (i) The following documents shall be public documents and published on the Laboratorys

 website:.

                        (B) Paragraph (1) is amended by striking the word documents and

 inserting the phrase certificates, correspondence, and manuals in its place.

                        (C) Paragraph (2) is am