BILL NUMBER: AB 239	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Ammiano

                        FEBRUARY 3, 2011

   An act to amend Section 11062 of the Penal Code, relating to law
enforcement.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 239, as introduced, Ammiano. Crime laboratories: oversight.
   Existing law requires the Department of Justice to establish and
chair a task force known as the Crime Laboratory Review Task Force to
review and make recommendations as to how best to configure, fund,
and improve the delivery of state and local crime laboratory services
in the future and to report its findings to the Department of
Finance and specified legislative committees by July 1, 2009.
   This bill would require the task force to submit to the
Legislature a supplemental report, by July 1, 2013, that includes a
proposal to establish a statewide body to oversee crime laboratories,
as specified.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11062 of the Penal Code is amended to read:
   11062.  (a) The Department of Justice shall establish and chair a
task force to conduct a review of California's crime laboratory
system.
   (b) The task force shall be known as the "Crime Laboratory Review
Task Force." The composition of the task force shall, except as
specified in paragraph (16), be comprised of one representative of
each of the following entities:
   (1) The Department of Justice.
   (2) The California Association of Crime Laboratory Directors.
   (3) The California Association of Criminalists.
   (4) The International Association for Identification.
   (5) The American Society of Crime Laboratory Directors.
   (6) The Department of the California Highway Patrol.
   (7) The California State Sheriffs' Association, from a department
with a crime laboratory.
   (8) The California District Attorneys Association, from an office
with a crime laboratory.
   (9) The California Police Chiefs Association, from a department
with a crime laboratory.
   (10) The California Peace Officers' Association.
   (11) The California Public Defenders Association.
   (12) A private criminal defense attorney organization.
   (13) The Judicial Council, to be appointed by the Chief Justice.
   (14) The Office of the Speaker of the Assembly.
   (15) The Office of the President pro Tempore of the Senate.
   (16) Two representatives to be appointed by the Governor.
   (c) The task force shall review and make recommendations as to how
best to configure, fund, and improve the delivery of state and local
crime laboratory services in the future. To the extent feasible, the
review and recommendations shall include, but are not limited to,
addressing the following issues:
   (1) With respect to organization and management of crime
laboratory services, consideration of the following:
   (A) If the existing mix of state and local crime laboratories is
the most effective and efficient means to meet California's future
needs.
   (B) Whether laboratories should be further consolidated. If
consolidation occurs, who should have oversight of crime
laboratories.
   (C) If management responsibilities for some laboratories should be
transferred.
   (D) Whether all laboratories should provide similar services.
   (E) How other states have addressed similar issues.
   (2) With respect to staff and training, consideration of the
following:
   (A) How to address recruiting and retention problems of laboratory
staff.
   (B) Whether educational and training opportunities are adequate to
supply the needs of fully trained forensic criminalists in the
future.
   (C) Whether continuing education is available to ensure that
forensic science personnel are up-to-date in their fields of
expertise.
   (D) If crime laboratory personnel should be certified, and, if so,
the appropriate agency to assume this responsibility.
   (E) The future educational role, if any, for the University of
California or the California State University.
   (3) With respect to funding, consideration of the following:
   (A) Whether the current method of funding laboratories is
predictable, stable, and adequate to meet future growth demands and
to provide accurate and timely testing results.
   (B) The adequacy of salary structures to attract and retain
competent analysts and examiners.
   (4) With respect to performance standards and equipment,
consideration of the following:
   (A) Whether workload demands are being prioritized properly and
whether there are important workload issues not being addressed.
   (B) If existing laboratories have the necessary capabilities,
staffing, and equipment.
   (C) If statewide standards should be developed for the
accreditation of forensic laboratories, including minimum staffing
levels, and if so, a determination regarding what entity should serve
as the sanctioning body.
   (d) The task force also shall seek input from specialized law
enforcement disciplines, other state and local agencies, relevant
advocacy groups, and the public. The final report also shall include
a complete inventory of existing California crime laboratories. This
inventory shall contain sufficient details on staffing, workload,
budget, major instrumentation, and organizational placement within
the controlling agency.
   (e) The first meeting of the task force shall occur no later than
December 9, 2007.
   (f) On or before July 1, 2009, the task force shall submit a final
report of its findings to the Department of Finance and to the
budget and public safety committees of both houses of the
Legislature. 
   (g) (1) The task force also shall prepare a supplemental report
that includes a proposal to establish a statewide body to oversee
crime laboratories. In preparing the supplemental report, the task
force shall consider the following:  
   (A) The composition of the oversight body, including the number of
members, process of appointment of the members, and terms of their
membership.  
   (B) The funding, organization, and staffing of the oversight body.
 
   (C) The functions of the oversight body.  
   (D) The reporting requirements of the oversight body.  
   (2) On or before July 1, 2013, the task force shall submit to the
Legislature its supplemental report required under paragraph (1).
 
   (3) (A) The requirement for submitting a report imposed under this
subdivision is inoperative on July 1, 2017, pursuant to Section
10231.5 of the Government Code.  
   (B) A report to be submitted pursuant to this subdivision shall be
submitted in compliance with Section 9795 of the Government Code.