BILL REQ. #:  H-4094.1 

Read first time 01/13/10.   Referred to Committee on Public Safety & Emergency Preparedness.

     AN ACT Relating to membership of the Washington state forensic investigations council; amending RCW 43.103.040; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds that public confidence in the accurate resolution of matters in the criminal justice system is of the highest importance, and that it is in the best interests of public safety and individual liberty. The legislature further finds that such accurate resolution of criminal matters is greatly facilitated by valid and reliable forensic evidence. The legislature recognizes, however, that pressures on forensics laboratories around the country may compromise the reliability and validity of work done by even the most competent and ethical forensic practitioners. The legislature further recognizes that it is generally in the interest of law enforcement, prosecutors, defense attorneys, the forensic and general scientific communities, and the citizens of the state of Washington that forensic evidence relied upon within the justice system be scientifically valid and reliable, and that the public has confidence in such validity and reliability.
     The intent of this act is to facilitate the mission of Washington's forensic laboratories to produce valid and reliable scientific evidence by ensuring appropriate input and guidance from each of the interested groups. Therefore, the legislature intends to add a criminal defense attorney and a scientist from an established university in the state of Washington to the forensic investigations council to increase the council's ability to carry out its statutory duties and increase public confidence in its work.

Sec. 2   RCW 43.103.040 and 1995 c 398 s 5 are each amended to read as follows:
     The council shall consist of ((twelve)) fourteen members who shall be selected as follows: One county coroner; one county prosecutor; one county prosecutor who also serves as ex officio county coroner; one county medical examiner; one county sheriff; one chief of police; the chief of the state patrol; two members of a county legislative authority; one pathologist who is currently in private practice; ((and)) two members of a city legislative authority; one attorney whose practice of law includes significant experience representing clients charged with criminal offenses; and one scientist with experience in the areas of laboratory standards or quality assurance regulation and monitoring who is a faculty member at a state university, regional university, state college, or a nonprofit college or university that has maintained its primary location in the state of Washington for a minimum of twenty-five consecutive years and has an enrollment of at least five hundred students.
     The governor shall appoint members to the council from among the nominees submitted for each position as follows: The Washington association of county officials shall submit two nominees each for the coroner position and the medical examiner position; the Washington state association of counties shall submit two nominees each for the two county legislative authority positions; the association of Washington cities shall submit two nominees each for the two city legislative authority positions; the Washington association of prosecuting attorneys shall submit two nominees each for the county prosecutor-ex officio county coroner and for the county prosecutor position; the Washington association of sheriffs and police chiefs shall submit two nominees each for the county sheriff position and the chief of police position; ((and)) the Washington association of pathologists shall submit two nominees for the private pathologist position; the Washington association of criminal defense lawyers and the Washington defender association shall jointly submit two nominees for the criminal defense attorney position, one of whom must actively manage or have significant experience in managing a public or private criminal defense agency or association, the other must have experience in cases involving DNA or other forensic evidence; and the president of a state university, regional university, state college, or a nonprofit college or university that has maintained its primary location in the state of Washington for a minimum of twenty-five consecutive years and has an enrollment of at least five hundred students may each forward to the governor a nomination of a full-time member of the faculty at the university or college at which the president serves, for consideration as a member of the council. No president shall be required to submit a nomination and the governor shall not be restricted to appointing a member of the council from among individuals nominated by a president.