BILL NUMBER: AB 239	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 30, 2011
	AMENDED IN SENATE  JUNE 28, 2011
	AMENDED IN ASSEMBLY  APRIL 27, 2011

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 amended, 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 be reconvened and to
submit to the Legislature a supplemental report, on or before July 1,
2013, that includes a proposal regarding the composition of a
statewide oversight body to perform tasks relating to crime
laboratories, including overseeing investigations into acts of
misconduct or negligence committed by any employee or contractor of a
crime laboratory, as specified. The bill would include a statement
of legislative findings and declarations.
   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.  The Legislature hereby finds and declares all of the
following:
   (a) The State of California has benefited from having a large
number of publicly operated crime laboratories, some operated by the
state and others by local government.
   (b) The state is also served by a number of forensic units housed
in local law enforcement agencies.
   (c) Currently there is no statewide oversight of publicly operated
crime laboratories in California.
   (d) The Crime Laboratory Review Task Force was established by the
Department of Justice and made recommendations to the Department of
Finance and to the Legislature regarding the role a statewide
oversight body would play in California. The task force did not,
however, make a recommendation regarding the composition of that
oversight body.
  SEC. 2.  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 Senate Committee on Rules.
   (16) Two representatives to be appointed by the Governor.
   (c) (1) 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. The task force shall
be reconvened for the purpose of preparing a supplemental report to
be submitted to the Legislature containing recommendations regarding
the composition of a statewide oversight body that would perform the
following tasks:
   (A) Implement federal legislation or guidelines imposed directly
on crime laboratories or imposed indirectly as a requirement for
receiving a grant.
   (B) Oversee investigations into acts of misconduct or negligence
committed by any employee or contractor of a crime laboratory.
   (C) Collect data generated by investigations in order to determine
the root causes of  crimes   crime laboratory
errors  .
   (D) Identify systemic failures and make recommendations for
preventing future problems.
   (E) Study methods to facilitate communication between laboratories
and stakeholders and draft guidelines for disclosure and discovery
of crime laboratory documents.
   (F) Make recommendations to the Legislature and local governmental
entities regarding the allocation of resources to crime laboratories
throughout the state to ensure that taxpayers' funds are maximized
and distributed in a more equitable manner.
   (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.