North Carolina § 114-61 - Forensic Science Advisory Board.

§ 114-61. Forensic Science Advisory Board.

Creation and Membership. - The North Carolina Forensic Science Advisory Board (Board) is hereby established as an advisory board within the Department of Justice. The Board shall consist of 15 members, consisting of the State Crime Laboratory Director, and 14 members appointed by the Attorney General as follows: A forensic scientist or any other person with an advanced degree who has received substantial education, training, or experience in the subject of laboratory standards or quality assurance regulation and monitoring. The Chief Medical Examiner of the State. A forensic scientist with an advanced degree who has education, training, or experience in the discipline of molecular biology. A forensic scientist with an advanced degree who has experience in the discipline of population genetics. A scientist with an advanced degree who has experience in the discipline of forensic chemistry. A scientist with an advanced degree who has experience in the discipline of forensic biology. A forensic scientist or any other person with an advanced degree who has education, training, or experience in the discipline of trace evidence. A scientist with an advanced degree who has experience in the discipline of forensic toxicology. A member of the International Association for Identification. A member of the Association of Firearms and Tool Mark Examiners. A member of the International Association for Chemical Testing. Repealed by Session Laws 2014-115, s. 46, effective August 11, 2014. A member of the American Society of Crime Laboratory Directors. A member of the Academy of Forensic Sciences. A member of the American Statistical Association. Meetings. - The Board shall meet biannually and at such other times and places as it determines. Members of the Board cannot designate a proxy to vote in their absence. Terms. - Members of the Board initially appointed shall serve the following terms: five members shall serve a term of two years; five members shall serve a term of three years; and five members shall serve a term of four years. Thereafter, all appointments shall be for a term of four years. A vacancy other than by expiration of term shall be filled by the Attorney General for the unexpired term. Members of the Board cannot designate a proxy to vote in their absence. Expenses. - Members of the Board shall be paid reasonable and necessary expenses incurred in the performance of their duties. Members of the Board who are State officers or employees shall receive no compensation for serving on the Board but may be reimbursed for their expenses in accordance with G.S. 138-6. Members of the Board who are full-time salaried public officers or employees other than State officers or employees shall receive no compensation for serving on the Board but may be reimbursed for their expenses in accordance with G.S. 138-5(b). All other members of the Board may receive compensation and reimbursement for expenses in accordance with G.S. 138-5. Functions. - The Board may review State Crime Laboratory operations and make recommendations concerning the services furnished to user agencies. The Board shall review and make recommendations as necessary to the Laboratory Director concerning any of the following: New scientific programs, protocols, and methods of testing. Plans for the implementation of new programs; sustaining existing programs and improving upon them where possible; and the elimination of programs which are no longer needed. Protocols for testing and examination methods and guidelines for the presentation of results in court. Qualification standards for the various forensic scientists of the Laboratory. Review Process. - Upon request of the Laboratory Director, the Board shall review analytical work, reports, and conclusions of scientists employed by the Laboratory. Records reviewed by this Board retain their confidential status and continue to be considered records of a criminal investigation as defined in G.S. 132-1.4. These records shall be reviewed only in a closed session meeting pursuant to G.S. 143-318.11 of the Board, and each member of the Board shall, prior to receiving any documents to review, sign a confidentiality agreement agreeing to maintain the confidentiality of and not to disclose the documents nor the contents of the documents reviewed. The Board shall recommend to the Laboratory a review process to use when there is a request that the Laboratory retest or reexamine evidence that has been previously examined by the Laboratory. A chairman shall be elected from among the members appointed, and staff shall be provided by the Department of Justice. History (2011-19, s. 2; 2013-360, s. 17.6(d); 2014-115, s. 46.) Editor's Note. - Session Laws 2011-19, s. 1, provides: "This act shall be known as 'The Forensic Sciences Act of 2011.'" Session Laws 2011-19, s. 3, provides: "The State Bureau of Investigation (SBI) shall encourage and seek collaborative opportunities and grant funds for research programs, in association, whenever possible, with the university system or independent nationally recognized forensic institutions, on human observer bias and sources of human error in forensic examinations. Such programs might include studies to determine the effects of contextual bias in forensic practice (e.g., studies to determine whether and to what extent the results of forensic analysis are influenced by knowledge regarding the background of the suspect and the investigator's theory of the case). In addition, research on sources of human error should be closely linked with research conducted to quantify and characterize the amount of error. Based on the results of these studies, and in consultation with the North Carolina Forensic Sciences Advisory Board, the North Carolina State Crime Laboratory should develop standard operating procedures (that will lay the foundation for model protocols) to minimize, to the extent possible, potential bias and sources of human error in forensic science. These standard operating procedures should apply to all forensic analyses that may be used in litigation." Session Laws 2011-19, s. 4, as amended by Session Laws 2011-307, s. 8, and as amended by Session Laws 2012-168, s. 6.1, provides: "Forensic Scientists I, II, and III, forensic science supervisors, and forensic scientist managers at the State Crime Laboratory shall be required to obtain individual certification consistent with international and ISO standards within 18 months of the date the scientist becomes eligible to seek certification according to the standards of the certifying entity or by January 1, 2013, or as soon as practicable after that date unless no certification is available. All such forensic scientists shall have access to the certification process." Effect of Amendments. - Session Laws 2014-115, s. 46, effective August 11, 2014, in subsection (a), substituted "15" for "16" and "14" for "15" in the introductory paragraph, deleted "received substantial" preceding "education" in subdivisions (a)(3) and (a)(7), in subdivision (a)(8) substituted "an advanced" for "a doctoral" and deleted "and is certified by the American Board of Forensic Toxicologists" following "toxicology", substituted "Tool Mark" for "Toolmark" in subdivision (a)(10) and deleted (a)(12); and substituted "biannually" for "quarterly" in subsection (b).