AN ACT Relating to criminal justice services and the crime laboratory system; amending RCW 43.43.790 and 43.43.670; adding a new section to chapter 43.43 RCW; and creating new sections.

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

NEW SECTION. Sec. 1. The legislature finds that the services provided by the Washington state patrol to law enforcement agencies play a significant part in producing just results in criminal cases. The quality and timeliness of these services has a significant impact on the efficiency and productivity of law enforcement agencies' prosecution and adjudication of criminal cases.

Sec. 2. Section 19, chapter 152, Laws of 1972 ex. sess. and RCW 43.43.790 are each amended to read as follows:

(1) There is hereby created the Washington state advisory council on criminal justice services. The advisory council shall consist of eleven members, nine to be appointed by the governor. The chief of the Washington state patrol shall be a member and shall act as chairman and the secretary of the department of ((~~social and health services or his~~)) corrections or the secretary's designee shall be an ex officio member.

((The members of the initial council shall be appointed within thirty days of the effective date of this act. Of the members of the initial council, three shall be appointed for terms ending June 30, 1976, three shall be appointed for terms ending June 30, 1975 and three shall be appointed for terms ending June 30, 1973. Thereafter,))

(2) Each member of the council shall be appointed for a term of four years. Vacancies shall be filled within ninety days for the remainder of the unexpired term by appointment of the governor in the same manner as the original appointments. Each member of the council shall continue in office until his successor is appointed. As vacancies occur on the council after the effective date of this 1989 section, the governor shall make appointments such that at least three members of the council are prosecuting attorneys and at least three members are sheriffs or police chiefs. These appointments shall be made from a list of six names submitted by the Washington association of prosecuting attorneys and six names submitted by the Washington association of sheriffs and police chiefs.

(3) The council shall establish a crime laboratory subcommittee and may establish other subcommittees to provide adequate representation of users and to provide informed advice to the state patrol. The crime laboratory subcommittee shall be concerned with the adequacy of crime laboratory services. The subcommittee shall consist of seven members and shall include the chief of the state patrol and the prosecuting attorneys, sheriffs, and police chiefs appointed under subsection (2) of this section. In its deliberations, the subcommittee shall solicit the concerns of the judiciary and attorneys engaged in the defense of accused persons.

(4) The members of the council shall serve without additional compensation but shall be reimbursed for travel expenses pursuant to RCW 43.03.050 and 43.03.060.

Sec. 3. Section 2, chapter 69, Laws of 1980 and RCW 43.43.670 are each amended to read as follows:

(1) There is created in the Washington state patrol a crime laboratory system which is authorized to:

((~~(1)~~)) (a) Provide laboratory services for the purpose of analyzing and scientifically handling any physical evidence relating to any crime.

((~~(2)~~)) (b) Provide training assistance for local law enforcement personnel.

The crime laboratory system shall assign priority to a request for services with due regard to whether the case involves criminal activity against persons. The crime laboratory subcommittee of the Washington state advisory council on criminal justice services shall assist the crime laboratory system in devising policies to promote the most efficient use of laboratory resources consistent with this section.

NEW SECTION. Sec. 4. A new section is added to chapter 43.43 RCW to read as follows:

The crime laboratory subcommittee of the state advisory council on criminal justice services shall:

(1) Assist the chief of the Washington state patrol in monitoring the performance of the state crime laboratories and the use of resources requested for and made available to the crime laboratories;

(2) Report annually to the governor and the legislature on the capacity and performance of the crime laboratories; and

(3) Review the biennial budget requests submitted by the laboratory director to the chief of the state patrol. The subcommittee shall prepare a commentary on the budget request, which commentary shall (a) not exceed six hundred words, and (b) be published with the state patrol budget request in the governor's budget document submitted to the legislature under chapter 43.88 RCW.

NEW SECTION. Sec. 5. With the cooperation and participation of the death investigations council, the state toxicologist, the Washington association of coroners, and the staff of the legislative budget committee, the crime laboratory subcommittee shall undertake a study to determine the feasibility of combining the state crime laboratory, the state toxicological laboratory, and the state medical examiner system. The study shall also consider the location of such a combined system within the Washington state patrol or as a separate state department of forensic sciences. The subcommittee shall also consider possible efficiencies and savings that may be obtained by cooperative arrangements with other state-supported laboratories in state agencies and institutions of higher education. The subcommittee shall submit a report to the legislature by December 1, 1991, as to the potential efficiencies and improvements in the delivery of forensic science services that may be accomplished by these proposals.