D.C. Law 24-348. Restoring Trust and Credibility to Forensic Sciences Amendment Act of 2022.

AN ACT

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 Forensic Sciences and Public Health 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 Forensic Sciences and Public Health Laboratory, to establish the position of Chief Forensic Sciences Officer within the Forensic Sciences and Public Health Laboratory, to address circumstances that unduly bias the provision of forensic sciences services and independence of the Forensic Sciences and Public Health 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 Science Advisory and Review Board, to require that correspondence and reports published by the Science Advisory and Review Board be made public, to expand membership and change the qualifications for members on the Science Advisory and Review Board, and to grant access to the Science Advisory and Review Board to all records of the Forensic Sciences and Public Health Laboratory; and to make other technical and conforming changes.

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:

(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(2) Paragraph (2) is repealed.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.

(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 master's degree or higher in an applicable area of science;

"(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 Director's 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:

(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).".

(5) Subsection (d) is amended by striking the word "Department's" and inserting the word "Laboratory's" 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 Home Rule Act (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 Council's action pursuant to section446 of the Home Rule Act (D.C. Official Code § 1-204.46), and section 603(c) of the Home Rule Act (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:

"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.

"(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

"(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.

(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 Laboratory's 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.

(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 for the defense, the Laboratory shall provide an identical set of records to the defense upon request.

"(C) The Laboratory shall design, implement, and maintain an electronic system that facilitates access to records pertaining to a criminal prosecution and issue rules prescribing access to the records by the prosecutor and the defense.".

(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;".

(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 Laboratory's 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 amended by striking the phrase "section 5(b)" and inserting the phrase "section 6a(c)(5), including all internal validation studies conducted by the Laboratory, and all data generated during the studies on or after the effective date of the Restoring Trust and Credibility to Forensic Sciences Amendment Act of 2022, passed on 2nd reading on December 20, 2022( Enrolled version of Bill 24-838); except, that the Laboratory may conceal the names of individuals who submitted samples for the studies" in its place.

(D) Paragraph (3) is repealed.

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

"(3A) All reports generated by the Laboratory that address quality assurance, including quality corrective actions, quality preventative actions, and other quality nonconformities; except, that, the Laboratory may redact the name of the analyst associated with the document for the version published on the Laboratory's website but shall maintain identifying information for the Laboratory and for disclosure to counsel; and".

(F) Paragraph (4) is repealed.

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

(1) The section heading is amended by striking the phrase "Department Laboratory" and inserting the word "Laboratory" in its place.

(2) Subsection (a) is amended by striking the phrase "Department of Forensic Sciences Laboratory Fund" and inserting the phrase "Forensic Sciences and Public Health Laboratory Fund" in its place.

(3) Subsection (b)(2) is amended by striking the word "Department" and inserting the word "Laboratory" in its place.

(4) Subsection (c) is amended by striking the phrase "Department's laboratories" and inserting the word "Laboratory" in its place.

(k) Section 8 (D.C. Official Code § 5-1501.07) is amended as follows:

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

"(a)(1) The Laboratory shall be responsible for testing and certifying the accuracy of any District instrument utilized by District law enforcement personnel to test alcohol content of breath.

"(2)(A) A District breath test instrument shall only be used by District law enforcement personnel if it has been certified by the Laboratory, or the Laboratory's designee, to be accurate.

"(B) Certification of the accuracy of each breath test instrument shall occur at least once every 180 days.".

(2) Subsection (b) is amended by striking the word "Department" and inserting the word "Laboratory" in its place.

(3) Subsection (c) is amended by striking the word "Department" and inserting the word "Laboratory" in its place.

(l) Section 9 (D.C. Official Code § 5-1501.08) is amended as follows:

(1) Subsection (a) is amended by striking the word "Department" and inserting the word "Laboratory" in its place.

(2) Subsection (a-1) is amended by striking the word "Department" the first time it appears and inserting the word "Laboratory" in its place.

(m) Section 10 (D.C. Official Code § 5-1501.09) is amended to read as follows:

"The facilities, equipment, or supplies of the Laboratory shall not be used by an independent expert employed by the accused or the accused's attorney for any reexamination of materials previously examined by the Laboratory.".

(n) Section 11 (D.C. Official Code § 5-1501.10) is repealed.

(o) Section 12 (D.C. Official Code § 5-1501.11) is amended as follows:

(1) The section heading is amended by striking the phrase "Science Advisory" and inserting the phrase "Science Advisory and Review" in its place.

(2) Subsection (a) is repealed.

(3) New subsections (a-1) and (a-2) are added to read as follows:

"(a-1) There is established a Science Advisory and Review Board, which shall consist of 9 voting members to be appointed pursuant to section 2(f) of the Confirmation Act of 1978, effective May 3, 1979 (D.C. Law 2-142; D.C. Official Code § 1-523.01(f)), as follows:

"(1) Four members with experience in scientific research and methodology in a forensic science discipline who have published in a peer-reviewed journal;

"(2) One member with experience in quality management or assurance in a forensic science or public health laboratory;

"(3) One member with expertise in human factors;

"(4) One member with expertise in statistical analysis;

"(5) One member with expertise in microbiology; and

"(6) One member with expertise in epidemiology.

"(a-2)(1) Voting members of the Board shall not be currently employed by the Laboratory or another laboratory that provides services to the District, a law enforcement or public safety agency in the District, or the defense bar in the District.

"(2) Voting members may reside outside of the District.".

(4) Subsection (b) is repealed.

(5) A new subsection (e-1) is added to read as follows:

"(e-1) Members of the Board shall be entitled to receive a stipend pursuant to section 1108(c-2)(8) of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-611.08(c-2)(8)).".

(6) Subsection (g) is amended by striking the word "meeting" and inserting the phrase "meeting and be published on the Laboratory's website" in its place.

(7) New subsections (h) and (i) are added to read as follows:

"(h)(1) The Board shall have access to all books, accounts, records, reports, findings, and all other papers, things, or property belonging to or in use by the Laboratory that are necessary to accomplish the Board's mission.

"(2) If the Board is denied access to any books, accounts, records, reports, or findings, or any other papers, things, or property, the reason for the denial shall:

"(A) Be submitted in writing to the Board no later than 7 days after the date of the Board's request;

"(B) State the specific reasons for the denial, including citations to any law or regulation relied upon as authority for the denial; and

"(C) State the names of the public officials or employees responsible for the decision to deny the request.

"(i) The Laboratory shall provide funding to the Board to:

"(1) Hire and maintain staff;

"(2) Retain counsel; and

"(3) Seek an audit or review by an outside organization of the Laboratory.".

(p) Section 13 (D.C. Official Code § 5-1501.12) is amended as follows:

(1) Paragraph (1) is amended to read as follows:

"(1) Review self-disclosures, complaints, or allegations of professional negligence, misconduct, misidentification, or other testing errors that occurred in the provision of forensic science services or public health laboratory services at the Laboratory pursuant to section 13a;".

(2) Paragraph (2) is amended by striking the word "Department" and inserting the word "Laboratory" in its place.

(3) Paragraph (4) is repealed.

(4) New paragraphs (4A) and (4B) are added to read as follows:

"(4A) Review biannually and make recommendations on all competency and proficiency procedures, including position descriptions, applicable to analysts providing forensic science services;

"(4B) Seek an independent audit or review of the Laboratory's operations every 3 years and publish the findings on the Laboratory's website; and".

(5) Paragraph (5) is amended by striking the word "Department" and inserting the word "Laboratory" in its place.

(q) A new section 13a is added to read as follows:

"Sec. 13a. Process for addressing allegations of negligence, misconduct, misidentification, or other testing errors.

"(a)(1) A self-disclosure, complaint, or allegation concerning professional negligence, misconduct, misidentification, or other testing errors that occurs in the provision of forensic science services or public health laboratory services shall be investigated by the Laboratory.

"(2) If the Laboratory receives a self-disclosure, complaint, or becomes aware of an allegation concerning professional negligence, misconduct, misidentification, or other testing errors that occurs in the provision of forensic science services or public health laboratory services, the complaint or allegation shall be:

"(A) Reported to the Board within 24 business hours after it is received by the Laboratory; and

"(B) Acknowledged by the Laboratory to the complainant within 2 business days of receipt.

"(b)(1) Upon completion of the investigation by the Laboratory into the self-disclosure, complaint, or allegation, within 2 business days, the Laboratory shall provide all relevant documents, including findings and recommended corrective actions, to the Board.

"(2) Upon receipt of the documents used by the Laboratory in its investigation into the self-disclosure, complaint, or allegation, the Board shall determine whether the complaint or allegation merits:

"(A) An investigation by the Board;

"(B) A review of the self-disclosure, complaint, or allegation for educational purposes;

"(C) Additional review by the Laboratory into the self-disclosure, complaint, or allegation; or

"(D) No further review.

"(3) The Board shall communicate its decision in writing within 10 business days after receipt to the complainant and the Director.

"(4) The Board may reconsider its disposition of a self-disclosure, complaint, or allegation if new evidence of negligence, misconduct, misidentification, or other testing errors is presented to the Board.

"(c) If the Board conducts an investigation or review pursuant to subsection (b)(2)(A) or (B) of this section, the Board:

"(1) Shall prepare a written report that identifies and describes:

"(A) The methods or procedures used to identify the self-disclosure or alleged negligence, misconduct, misidentification, or other testing errors;

"(B) Whether any negligence, misconduct, misidentification, or other testing errors occurred;

"(C) Any corrective action required of the Laboratory;

"(D) Observations of the Board regarding the integrity and reliability of the forensic science services or public health laboratory services conducted;

"(E) Best practices identified by the Board during the investigation or review; and

"(F) Other recommendations that are relevant, as determined by the Board; and

"(2) May order:

"(A) A retrospective reexamination of other forensic science services or public health laboratory services conducted by the Laboratory that may involve professional negligence, misconduct, misidentification, or other testing errors; or

"(B) An evaluation of the Laboratory to review the implementation of any corrective action required or the conclusion of any retrospective reexamination.

"(d) The Board shall make all correspondence and reports completed under this section available to the public through the Laboratory's website.".

(r) Section 14 (D.C. Official Code § 5-1501.13) is amended as follows:

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

(A) Paragraph (10) is amended to read as follows:

"(10) The Director of the Laboratory;".

(B) Paragraph (11) is amended by striking the phrase "Department." and inserting the phrase "Laboratory;" in its place.

(C) New paragraphs (12) and (13) are added to read as follows:

"(12) The chairperson of the Council committee with jurisdiction over the Laboratory; and

"(13) An exoneree whose wrongful conviction involved the misapplication or misunderstanding of forensic science or a representative of an organization serving such persons in the District.".

(2) Subsection (b) is repealed.

(3) Subsection (d) is amended to read as follows:

"(d) The chairperson of the Stakeholder Council shall be the Chief Medical Examiner. In the Chief Medical Examiner's absence, the Director of the Department of Health shall be the chairperson.".

(4) Subsection (e) is amended by striking the number "2" and inserting the number "4" in its place.

(s) Section 15 (D.C. Official Code § 5-1501.14) is amended as follows:

(1) Paragraph (1) is amended as follows:

(A) Subparagraph (A) is amended by striking the word "Department's" and inserting the word "Laboratory's" in its place.

(B) Subparagraph (B) is amended by striking the word "Department" and inserting the word "Laboratory" in its place.

(2) Paragraph (2) is amended by striking the word "Department" and inserting the word "Laboratory" in its place.

(t) Section 16 is amended as follows:

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

(A) Subparagraph (A) is amended by striking the word "Department" and inserting the word "Laboratory" in its place.

(B) Subparagraph (B) is amended as follows:

(i) The lead-in language is amended by striking the word "Department" both times it appears and inserting the word "Laboratory" in its place.

(ii) Sub-subparagraph (i) is amended by striking the word "Department" and inserting the word "Laboratory" in its place.

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

"(a-1) The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue rules proscribing access to records that pertain to a criminal prosecution, as described in section 6(h)(2A)(C).".

(u) Section 17 (D.C. Official Code § 5-1501.16) is amended by striking the word "Department" and inserting the word "Laboratory" in its place.

Sec. 3. Section 2(f)(48) of the Confirmation Act of 1978, effective May 3, 1979 (D.C. Law 2-142; D.C. Official Code § 1-523.01(f)(48)), is amended to read as follows as follows:

"(48) The Science Advisory and Review Board to the Forensic Sciences and Public Health Laboratory, established by section 12 of the Department of Forensic Sciences Establishment Act of 2011, effective August 17, 2011 (D.C. Law 19-18; D.C. Official Code § 5-1501.11).".

Sec. 4. The District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-601.01 et seq.), is amended as follows:

(a) Section 406(b) (D.C. Official Code § 1-604.06(b)) is amended as follows:

(1) Paragraph (29) is amended by striking the phrase "; and" and inserting a semicolon in its place.

(2) Paragraph (30) is amended by striking the period and inserting a semicolon in its place.

(3) New paragraphs (31) and (32) are added to read as follows:

"(31) For employees of the Forensic Sciences and Public Health Laboratory, the personnel authority is the Director of the Forensic Sciences and Public Health Laboratory; and

"(32) For employees of the Science Advisory and Review Board, the personnel authority is the Science Advisory and Review Board.".

(b) Section 908 (D.C. Official Code § 1-609.08) is amended as follows:

(1) Paragraph (18) is amended by striking the phrase "; and" and inserting a semicolon in its place.

(2) Paragraph (19) is amended by striking the period and inserting the phrase "; and" in its place.

(3) A new paragraph (20) is added to read as follows:

"(20) The Director of the Forensic Sciences and Public Health Laboratory.".

(c) Section 1052a(g)(1) (D.C. Official Code § 1-610.52a(g)(1)) is repealed.

(d) Section 1108(c-2) (D.C. Official Code § 1-611.08(c-2)) is amended as follows:

(1) Paragraph (6) is amended by striking the phrase "; and" and inserting a semicolon in its place.

(2) Paragraph (7) is amended by striking the period and inserting the phrase "; and" in its place.

(3) A new paragraph (8) is added to read as follows:

"(8) Each member of the Science Advisory and Review Board ("SARB") appointed pursuant to section 12 of the Department of Forensic Sciences Establishment Act of 2011, effective August 17, 2011 (D.C. Law 19-18; D.C. Official Code § 5-1501.11), shall be entitled to compensation in the form of a stipend not to exceed $50 per meeting of the SARB.".

Sec. 5. Section 101(10) of the Address Confidentiality Act of 2018, effective July 3, 2018 (D.C. Law 22-118; D.C. Official Code § 4-555.01(10)), is amended by striking the phrase "Department of Forensic Sciences" and inserting the phrase "Forensic Sciences and Public Health Laboratory" in its place.

Sec. 6. The Sexual Assault Victim's Rights Act of 2014, effective November 20, 2014 (D.C. Law 20-139; D.C. Official Code § 4-561.01 et seq.), is amended as follows:

(a) Section 201 (D.C. Official Code § 4-561.01) is amended as follows:

(1) Paragraph (4) is repealed.

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

"(6A) "Laboratory" means the Forensic Sciences and Public Health Laboratory.".

(b) Section 202 (D.C. Official Code § 4-561.02) is amended as follows:

(1) Subsection (a)(1) is amended by striking the phrase "DFS" and inserting the word "Laboratory" in its place.

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

(A) Paragraph (1) is amended by striking the phrase "DFS" both times it appears and inserting the word "Laboratory" in its place.

(B) Paragraph (2) is amended by striking the phrase "DFS" both times it appears and inserting the word "Laboratory" in its place.

(3) Subsection (b-1) is amended as follows:

(A) Paragraph (1) is amended as follows:

(i) The lead-in language is amended by striking the phrase "DFS" and inserting the word "Laboratory" in its place.

(ii) Subparagraph (A) is amended by striking the phrase "DFS" and inserting the word "Laboratory" in its place.

(iii) Subparagraph (D) is amended by striking the phrase "DFS" and inserting the word "Laboratory" in its place.

(B) Paragraph (2) is amended by striking the phrase "DFS" both times it appears and inserting the word "Laboratory" in its place.

(c) Section 205(5) (D.C. Official Code § 4-561.05(5)) is amended by striking the phrase "DFS" and inserting the word "Laboratory" in its place.

(d) Section 210 (D.C. Official Code § 4-561.10) is amended as follows:

(1) The section heading is amended by striking the phrase "DFS" and inserting the word "Laboratory" in its place.

(2) The lead-in language is amended by striking the phrase "DFS" and inserting the word "Laboratory" in its place.

(3) Paragraph (2) is amended by striking the phrase "DFS" both times it appears and inserting the word "Laboratory" in its place.

(4) Paragraph (3) is amended by striking the phrase "DFS" both times it appears and inserting the word "Laboratory" in its place.

(5) Paragraph (4) is amended by striking the phrase "DFS" both times it appears and inserting the word "Laboratory" in its place.

(6) Paragraph (6) is amended by striking the phrase "DFS" and inserting the word "Laboratory" in its place.

(7) Paragraph (7) is amended by striking the phrase "DFS" and inserting the word "Laboratory" in its place.

(e) Section 212 (D.C. Official Code § 4-561.12) is amended as follows:

(1) Subsection (c)(16) is amended by striking the phrase "DFS" and inserting the word "Laboratory" in its place.

(2) Subsection (h)(1) is amended by striking the phrase "DFS" and inserting the word "Laboratory" in its place.

(f) Section 214(b)(5) (D.C. Official Code § 4-561.14(b)(5)) is amended by striking the phrase "DFS" and inserting the word "Laboratory" in its place.

Sec. 7. Section 2(f) of the Retired Police Officer Redeployment Amendment Act of 1992, effective September 29, 1992 (D.C. Law 9-163; D.C. Official Code § 5-761(f)), is amended by striking the phrase "Department of Forensic Sciences" and inserting the phrase "Forensic Sciences and Public Health Laboratory" in its place.

Sec. 8. Section 1013(a)(1)(J) of the Firearms Control Regulations Act of 1975, effective April 27, 2021 (D.C. Law 23-274; D.C. Official Code § 7-2510.13(a)(1)(J)), is amended by striking the phrase "Department of Forensic Sciences" and inserting the phrase "Forensic Sciences and Public Health Laboratory" in its place.

Sec. 9. Section 23-1910(b)(3) of the District of Columbia Official Code is amended by striking the phrase "DFS" both times it appears and inserting the phrase "Forensic Sciences and Public Health Laboratory" in its place.

Sec. 10. Applicability.

(a) This act shall apply upon the date of inclusion of its fiscal effect in an approved budget and financial plan.

(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council for certification.

(c)(1) The Budget Director shall cause the notice of the certification to be published in the District of Columbia Register.

(2) The date of publication of the notice of the certification shall not affect the applicability of this act.

Sec. 11. Fiscal impact statement.

The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).

Sec. 12. Effective date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 60-day period of congressional review as provided in section 602(c)(2) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(2)), and publication in the District of Columbia Register.

Law Information

Cites

  • D.C. Law 24-348 (PDF)
  • D.C. Act 24-780 (PDF)
  • 70 DCR 937

Effective

Apr. 21, 2023

Legislative History (LIMS)

Law 24-348, the “Restoring Trust and Credibility to Forensic Sciences Amendment Act of 2022,” was introduced in the Council and assigned Bill No. 24-838 which was referred to the Judiciary and Public Safety. The bill was adopted on first and second readings on Dec. 6, 2022, and Dec. 20, 2022, respectively. After mayoral review, it was assigned Act No. 24-780 on Jan. 19, 2023, and transmitted to Congress for its review. D.C. Law 24-348 became effective Apr. 21, 2023.