BILL NUMBER: SB 824 CHAPTERED 10/04/01 CHAPTER 477 FILED WITH SECRETARY OF STATE OCTOBER 4, 2001 APPROVED BY GOVERNOR OCTOBER 3, 2001 PASSED THE SENATE SEPTEMBER 13, 2001 PASSED THE ASSEMBLY SEPTEMBER 10, 2001 AMENDED IN ASSEMBLY SEPTEMBER 5, 2001 AMENDED IN SENATE MAY 16, 2001 AMENDED IN SENATE MAY 2, 2001 AMENDED IN SENATE APRIL 18, 2001 INTRODUCED BY Senator Poochigian FEBRUARY 23, 2001 An act to add Sections 11061 and 11061.5 to the Penal Code, relating to criminalists. LEGISLATIVE COUNSEL'S DIGEST SB 824, Poochigian. Criminalists. Existing law provides for the California Criminalistics Institute in the Bureau of Forensic Services of the Department of Justice. The purpose of the institute includes facilitation and coordination of approaches to meet the high technology and forensic science needs of crime laboratories operated by the department and local law enforcement agencies and provision of training and methodology development for all law enforcement agencies. This bill would make findings and declarations concerning the urgent need for forensic scientists with the rigorous scientific backgrounds and the practical laboratory experiences necessary to perform DNA analysis. This bill would provide that the Department of Justice, the California State University, and upon agreement by the regents, the University of California, shall work together to enhance collaborative opportunities for DNA training of university students, graduates, and existing employees of crime laboratories. This bill would provide that through its California Criminalistics Institute, the Department of Justice would develop and create an internship program for graduate-level students designed to prepare students to meet national standards for DNA analysis, as specified. This bill would also provide that its provisions may only be implemented to the extent that funds are provided for their purposes in the annual Budget Act. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares all of the following: (a) Ongoing legislative efforts to improve the criminal justice system have created an urgent need for forensic scientists qualified to perform DNA analysis. (b) DNA analytical techniques are undergoing rapid and intense change brought about by emerging technology and the availability of ever more sensitive tests and scientific standards. DNA analysts need to have strong scientific backgrounds and specific experiences in forensic science laboratories so they are trained to apply the best techniques to this important law enforcement area. (c) The Department of Justice should work with accredited postsecondary institutions, including the University of California and the California State University, to encourage development of degree programs that can provide students with both the rigorous scientific backgrounds and the practical laboratory experiences necessary for careers in forensic science and DNA analysis. (d) At the national level, organizations are developing standards and certification programs that can ensure that analysts in forensic laboratories demonstrate proficiency in their respective fields. The American Board of Criminalistics has developed a peer-based professional certification program that could be used for the certification of DNA analysts. (e) The Department of Justice should develop internship positions in working forensic laboratories and fund fellowships to recruit and support a diverse body of candidates for the profession. SEC. 2. Section 11061 is added to the Penal Code, to read: 11061. To meet the increasing statewide need for criminalists properly trained in DNA analysis, the Department of Justice, the California State University, and, upon agreement by the regents, the University of California, shall work together to enhance collaborative opportunities for DNA training of university students, graduates, and existing employees of crime laboratories. SEC. 3. Section 11061.5 is added to the Penal Code, to read: 11061.5. (a) The Department of Justice, through its California Criminalistics Institute, shall develop and coordinate an internship program in forensic DNA analysis for graduate-level students. (1) Candidates for the program must possess at least a baccalaureate degree. (2) The program shall be associated with graduate academic programs at accredited postsecondary institutions including the University of California and the California State University. (3) The program shall include a one-year internship at a public forensic DNA laboratory for which the interns shall receive a stipend or fellowship funded by the Department of Justice. (4) The program shall be designed to prepare students to meet national standards for DNA analysis, such as those established by the DNA Advisory Board (DAB) and the Scientific Working Group on DNA Analysis Methods (SWGDAM). (5) In order to complete the program, interns shall be required to successfully complete a national certification examination like that administered in forensic molecular biology by the American Board of Criminalistics. (b) Funding for the provisions of this measure shall be subject to both of the following conditions: (1) The Department of Justice shall establish a working partnership and affiliation with accredited postsecondary institutions that can provide graduate-level academic programing. (2) The Department of Justice shall submit a budgetary request for the internship program to the Director of the Department of Finance by May 15, 2002. (c) The provisions of this act may only be implemented to the extent funds are appropriated for their purposes in the annual Budget Act.