SENATE BILL NO. 277
April 18, 2019, Introduced by Senators CHANG
and BARRETT and referred to the Committee on Judiciary and Public Safety.
the people of the state of michigan enact:
Sec. 1. (1) This act shall be known and may be cited as the "forensic science commission definitions act".
(2) As used in the forensic science commission act:
(a) "Commission" means the forensic science commission created in section 3 of the forensic science commission act.
(b) "Corrective action" means an action taken to control and correct issues of and address the consequences of nonconformance.
(c) "Forensic analysis" means a medical, chemical, toxicological, ballistic, or other expert examination or test performed on physical evidence, including DNA evidence, for the purpose of determining the connection of the evidence to a criminal action. Forensic analysis includes an examination or test requested by a law enforcement agency, prosecuting attorney, criminal suspect or defendant, or court in a criminal action. Forensic analysis does not include an expert examination or test, including, but not limited to, a statistical or engineering analysis, conducted for the purpose of opining on a specific aspect of the forensic evidence or the type of forensic test utilized, or an expert examination or test conducted principally for the purpose of scientific research, medical practice, civil or administrative litigation, or other purpose unrelated to determining the connection of physical evidence to a criminal action.
(d) "Forensic analyst" means an individual who technically reviews or performs a forensic analysis or draws conclusions from or interprets a forensic analysis for a forensic laboratory.
(e) "Forensic laboratory" includes a public or private laboratory or other entity that conducts a forensic analysis.
(f) "Forensic medical service provider" means a forensic medicine agency or forensic medicine practitioner providing forensic medicine services.
(g) "Forensic medicine" means the application of medical knowledge and practices to the investigation of the medicolegal aspects of death, injury, neglect, or behavior.
(h) "Forensic medicine agency" means an entity, or an agency of this state, that employs forensic medicine practitioners and issues reports prepared by forensic medicine practitioners.
(i) "Forensic science" means the field of study of medical, chemical, toxicological, ballistic, or other expert examinations or tests performed on physical evidence, including DNA evidence, for the purpose of determining the connection of the evidence to a criminal action, except that forensic science does not include the study of the portion of an autopsy conducted by a medical examiner or other forensic pathologist who is a licensed physician.
(j) "Forensic science agency" means an entity, or an agency of this state, that employs forensic science practitioners and issues reports prepared by forensic science practitioners.
(k) "Forensic science service provider" means a forensic science agency or forensic science practitioner providing forensic science services.
(l) "Nonconformance" means a mistake in the course of the forensic science process that has affected the accuracy and reliability of the work of forensic science service providers.
Enacting section 1. This act takes effect 90 days after the date it is enacted into law.
Enacting section 2. This act does not take effect unless Senate Bill No. 276 of the 100th Legislature is enacted into law.