S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3969
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2025
                                ___________
 
 Introduced by M. of A. KELLES -- read once and referred to the Committee
   on Governmental Operations
 
 AN  ACT to amend the executive law, in relation to reforming the commis-
   sion on forensic science; and to  amend  the  executive  law  and  the
   administrative  code  of  the  city of New York, in relation to making
   conforming changes; and to repeal certain provisions of the  executive
   law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1, 2, 4 and 8 of section 995 of the  executive
 law,  as  added  by chapter 737 of the laws of 1994 and subdivision 1 as
 amended by chapter 209 of the laws of  2021,  are  amended  to  read  as
 follows:
   1.  [For  purposes  of  general  forensic analysis the term "forensic]
 "FORENSIC laboratory" shall mean any AGENCY, SECTION OF ANY  AGENCY,  OR
 laboratory  operated  by  [the  state  or  unit of local government], OR
 CONTRACTED WITH, A STATE OR LOCAL LAW ENFORCEMENT UNIT, INCLUSIVE OF BUT
 NOT LIMITED TO SHERIFFS' OFFICES, POLICE  DEPARTMENTS,  DISTRICT  ATTOR-
 NEY'S  OFFICES AND PROBATION DEPARTMENTS, that performs forensic testing
 on evidence in a criminal investigation or proceeding or for purposes of
 identification.
   2. [For purposes of forensic DNA  analysis,  the  term  "forensic  DNA
 laboratory"  shall mean any forensic laboratory operated by the state or
 unit of local government, that performs forensic DNA  testing  on  crime
 scenes or materials derived from the human body for use as evidence in a
 criminal  proceeding  or  for  purposes  of  identification and the term
 "forensic DNA] "FORENSIC testing" shall mean  any  test  OR  EXAMINATION
 that  employs techniques to examine [deoxyribonucleic acid (DNA) derived
 from the human body] PHYSICAL, CHEMICAL, DIGITAL, OR  BIOMETRIC  PROPER-
 TIES  OF  EVIDENCE  OR DATA for the purpose of [providing information to
 resolve issues of identification] DETERMINING THE CONNECTION OF EVIDENCE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01337-01-5
              

 A. 3969                             2
 
 OR DATA TO A CRIMINAL ACTION OR TO RESOLVE ISSUES OF IDENTITY PERTAINING
 TO CRIMINAL INVESTIGATIONS OR SURVEILLANCE, PROVIDED, HOWEVER  THAT  THE
 USE OF MOBILE FORENSIC DIGITAL TOOLS TO EXTRACT DATA FROM CELLPHONES AND
 COMPUTERS  BY  A POLICE AGENCY SHALL NOT BE SUBJECT TO THE PROVISIONS OF
 THIS ARTICLE.  Regulation pursuant to this  article  shall  not  include
 [DNA]  DEOXYRIBONUCLEIC ACID (DNA) testing on materials derived from the
 human body pursuant to title five of article five of the  public  health
 law for the purpose of determining a person's genetic disease or medical
 condition  and  shall  not  include a laboratory operated by the federal
 government.
   4. "Blind external proficiency testing" means a test [sample] that [is
 presented] APPEARS to [a] THE  forensic  [laboratory  for  forensic  DNA
 testing  through  a  second agency, and which appears to the analysts to
 involve routine evidence submitted for forensic DNA testing] ANALYSTS TO
 INVOLVE ROUTINE EVIDENCE. THE PURPOSE OF SUCH A TEST IS TO EVALUATE  THE
 FORENSIC ANALYSTSÆ PERFORMANCE AGAINST PRE-EXISTING CRITERIA.
   8.  "DNA  record"  means  DNA identification information prepared by a
 forensic [DNA] laboratory and stored in  the  state  DNA  identification
 index for purposes of establishing identification in connection with law
 enforcement  investigations  or supporting statistical interpretation of
 the results of DNA analysis. A DNA record is [the objective form of] the
 results of a DNA analysis sample.
   § 2. Subdivision 9 of section 995 of the executive law is REPEALED and
 subdivision 10 is renumbered subdivision 9.
   § 3. Section 995 of the executive law is amended by adding  seven  new
 subdivisions 10, 11, 12, 13, 14, 15 and 16 to read as follows:
   10.  "FORENSIC  ANALYST"  MEANS  A  PERSON WHO ON BEHALF OF A FORENSIC
 LABORATORY TECHNICALLY REVIEWS OR PERFORMS A FORENSIC ANALYSIS OR  DRAWS
 CONCLUSIONS FROM OR INTERPRETS A FORENSIC REPORT OR FORENSIC TEST.
   11. "HIGH-RISK SYSTEM" MEANS A SYSTEM OR DEVICE DEPLOYED BY A FORENSIC
 LABORATORY  WHOSE  FAILURE  COULD  LEAD  TO SERIOUS ADVERSE CONSEQUENCES
 INCLUDING INCARCERATION, DEPRIVATION OF LIBERTY, OR LOSS OF LIFE.
   12. "SCIENTIFIC ADVISORY COMMITTEE" MEANS  THE  COMMITTEE  ESTABLISHED
 PURSUANT  TO PARAGRAPH (A) OF SUBDIVISION TWELVE OF SECTION NINE HUNDRED
 NINETY-FIVE-A OF THIS ARTICLE.
   13. "SOCIAL JUSTICE, ETHICS, AND EQUITY  ASSESSMENT  COMMITTEE"  MEANS
 THE  COMMITTEE  ESTABLISHED  PURSUANT  TO  PARAGRAPH  (B) OF SUBDIVISION
 TWELVE OF SECTION NINE HUNDRED NINETY-FIVE-A OF THIS ARTICLE.
   14. "FORENSIC ANALYST LICENSE ADVISORY COMMITTEE" MEANS THE  COMMITTEE
 ESTABLISHED  PURSUANT  TO PARAGRAPH (C) OF SUBDIVISION TWELVE OF SECTION
 NINE HUNDRED NINETY-FIVE-A OF THIS ARTICLE.
   15. "TECHNOLOGIST" MEANS A PERSON WITH EXPERIENCE PERFORMING INDEPEND-
 ENT, THIRD-PARTY VERIFICATION AND VALIDATION OF A HIGH-RISK  SYSTEM  AND
 PUBLISHING THE RESULTS OF THAT INDEPENDENT TESTING.
   16.  "EXECUTIVE SESSION" SHALL MEAN THAT PORTION OF A MEETING NOT OPEN
 TO THE GENERAL PUBLIC, IN ACCORDANCE WITH SECTION ONE HUNDRED TWO OF THE
 PUBLIC OFFICERS LAW.
   § 4. Section 995-a of the executive law is REPEALED and a new  section
 995-a is added to read as follows:
   §  995-A.  COMMISSION ON FORENSIC SCIENCE.  1. THERE IS HEREBY CREATED
 IN THE EXECUTIVE DEPARTMENT, THE COMMISSION ON FORENSIC SCIENCE,  AS  AN
 INDEPENDENT  AGENCY  OF  THE  STATE. THE COMMISSION SHALL CONSIST OF THE
 FOLLOWING NINE MEMBERS:
   (A) ONE MEMBER WHO HAS EXPERTISE IN THE FIELD OF FORENSIC SCIENCE  AND
 WORKS  OUTSIDE OF NEW YORK WHOM THE GOVERNOR SELECTS BY APPLICATION. THE
 MEMBER SHALL HAVE A DEGREE IN A  FIELD  RELEVANT  TO  FORENSIC  SCIENCE.
 A. 3969                             3
 
 EXPERTISE IN FORENSIC SCIENCE SHALL BE EVIDENCED BY, BUT NOT LIMITED TO,
 PARTICIPATION IN NATIONAL FORENSIC SCIENCE CONFERENCES, FORENSIC SCIENCE
 PUBLICATIONS,  LECTURING,  OR RECEIPT OF AWARDS IN THE FIELD OF FORENSIC
 SCIENCE;
   (B) ONE MEMBER SHALL BE A PROSECUTING ATTORNEY THAT THE MAJORITY LEAD-
 ER  OF  THE  SENATE  SELECTS  FROM A LIST OF FIVE NAMES SUBMITTED BY THE
 DISTRICT ATTORNEY'S ASSOCIATION OF NEW YORK;
   (C) ONE MEMBER SHALL BE A CRIMINAL DEFENSE ATTORNEY THAT  THE  SPEAKER
 OF  THE  ASSEMBLY SELECTS FROM A LIST OF FIVE NAMES JOINTLY SUBMITTED BY
 THE NEW YORK STATE ASSOCIATION OF CRIMINAL DEFENSE LAWYERS AND NEW  YORK
 STATE DEFENDERS ASSOCIATION;
   (D)  ONE MEMBER SHALL BE A FACULTY MEMBER OR STAFF MEMBER OF PUBLIC OR
 PRIVATE UNIVERSITY WHO IS A TECHNOLOGIST AS  DEFINED  UNDER  SUBDIVISION
 FIFTEEN OF SECTION NINE HUNDRED NINETY-FIVE OF THIS ARTICLE THAT THE NEW
 YORK  STATE  CHIEF  PRIVACY  OFFICER OR THEIR DESIGNEE FROM THE NEW YORK
 OFFICE OF INFORMATION TECHNOLOGY SERVICES SELECTS BY APPLICATION;
   (E) ONE MEMBER SHALL BE A FACULTY MEMBER OR STAFF MEMBER OF  A  PUBLIC
 OR  PRIVATE  UNIVERSITY  WHO  SPECIALIZES IN CLINICAL LABORATORY SCIENCE
 THAT THE ATTORNEY GENERAL OR THEIR DESIGNEE SELECTS BY APPLICATION;
   (F) ONE MEMBER SHALL BE A FACULTY MEMBER OR STAFF MEMBER OF  A  PUBLIC
 OR  PRIVATE UNIVERSITY WHO SPECIALIZES IN STATISTICS THAT THE CHANCELLOR
 OF THE CITY UNIVERSITY OF NEW YORK SELECTS FROM A LIST OF NAMES  SUBMIT-
 TED BY APPLICATION;
   (G)  ONE  MEMBER SHALL BE A FACULTY MEMBER OR STAFF MEMBER OF A PUBLIC
 OR PRIVATE UNIVERSITY WHO ANALYZES OR  RESEARCHES  THE  ETHICAL,  LEGAL,
 SOCIAL,  AND JUSTICE IMPLICATIONS OF SCIENTIFIC METHODS AND TECHNOLOGIES
 THAT THE CHANCELLOR OF THE STATE  UNIVERSITY  OF  NEW  YORK  SELECTS  BY
 APPLICATION.  THE MEMBER'S INPUT SHOULD BE GUIDED BY PREVIOUS EXPERIENCE
 WITH  RESEARCH  ON  SCIENCE  AND  TECHNOLOGY FROM ETHICAL, EMPIRICAL, OR
 TECHNICAL PERSPECTIVES  THAT  CONSIDER  PRIVACY,  CIVIL  LIBERTIES,  AND
 SOCIAL DISPARITIES;
   (H)  ONE  MEMBER SHALL BE A FACULTY MEMBER OR STAFF MEMBER OF A PUBLIC
 OR PRIVATE UNIVERSITY WHO SPECIALIZES IN RACIAL JUSTICE THAT  THE  CHAN-
 CELLOR OF THE CITY UNIVERSITY OF NEW YORK SELECTS BY APPLICATION; AND
   (I)  ONE  MEMBER SHALL BE A FACULTY MEMBER OR STAFF MEMBER OF A PUBLIC
 OR PRIVATE UNIVERSITY WHO RESEARCHES IN COGNITIVE BIAS THAT THE CHANCEL-
 LOR OF THE STATE UNIVERSITY OF NEW YORK SELECTS BY APPLICATION.
   2. NO MEMBER APPOINTED PURSUANT TO PARAGRAPH (A), (D), (E), (F),  (G),
 (H), OR (I) OF SUBDIVISION ONE OF THIS SECTION SHALL HAVE NOR PREVIOUSLY
 HAVE  HAD  PRIMARY  DUTIES  IN INVESTIGATION, APPREHENSION, DETENTION OR
 PROSECUTION OF INDIVIDUALS SUSPECTED OF CRIMINAL OFFENSES.
   3. EACH MEMBER SHALL BE APPOINTED TO  SERVE  A  THREE-YEAR  TERM.  THE
 TERMS EXPIRE ON DECEMBER THIRTY-FIRST OF:
   (A)  TWO  THOUSAND  TWENTY-SIX AND EVERY THREE YEARS THEREAFTER, FOR A
 MEMBER APPOINTED UNDER PARAGRAPH (A), (D), OR (G) OF SUBDIVISION ONE  OF
 THIS SECTION; AND
   (B)  TWO THOUSAND TWENTY-SEVEN AND EVERY THREE YEARS THEREAFTER, FOR A
 MEMBER APPOINTED UNDER PARAGRAPH (B), (E), OR (H) OF SUBDIVISION ONE  OF
 THIS SECTION; AND
   (C)  TWO THOUSAND TWENTY-EIGHT AND EVERY THREE YEARS THEREAFTER, FOR A
 MEMBER APPOINTED UNDER PARAGRAPH (C), (F), OR (I) OF SUBDIVISION ONE  OF
 THIS SECTION.
   4. ANY MEMBER CHOSEN TO FILL A VACANCY CREATED OTHERWISE THAN BY EXPI-
 RATION  OF  TERM  SHALL BE APPOINTED PURSUANT TO SUBDIVISION ONE OF THIS
 SECTION FOR THE UNEXPIRED TERM OF THE MEMBER SUCH PERSON IS TO  SUCCEED.
 A. 3969                             4
 
 ANY  SUCH  VACANCY SHALL BE FILLED WITHIN NINETY DAYS IN THE SAME MANNER
 AS THE ORIGINAL APPOINTMENT.
   5.  THE  COMMISSION  BY  MAJORITY  VOTE SHALL ELECT A CHAIRPERSON FROM
 AMONG ITS MEMBERS FOR A TERM OF THREE YEARS. THE TERM OF  THE  CHAIR  OF
 THE  COMMISSION MAY NOT EXCEED THE CHAIR'S TERM LIMIT AS A MEMBER OF THE
 COMMISSION. ANY VACANCY SHALL BE FILLED WITHIN THIRTY DAYS IN  THE  SAME
 MANNER.
   6.  THE  COMMISSION  SHALL MEET AT LEAST SIX TIMES EACH YEAR IN PUBLIC
 SESSION AND MAY ESTABLISH ITS OWN RULES AND  PROCEDURES  CONCERNING  THE
 CONDUCT  OF  ITS MEETINGS AND OTHER AFFAIRS. THOSE RULES AND PROCEDURES,
 HOWEVER, MUST PRIORITIZE PUBLIC ACCESS TO INFORMATION AND TRANSPARENCY.
   7. THE NINE MEMBERS  OF  THE  COMMISSION  SHALL  BE  THE  ONLY  VOTING
 MEMBERS.  A  MAJORITY  OF THE WHOLE NUMBER OF MEMBERS SHALL CONSTITUTE A
 QUORUM AND NOT LESS THAN A MAJORITY OF THE WHOLE NUMBER MAY PERFORM  AND
 EXERCISE THE POWER, AUTHORITY, OR DUTIES OF THE COMMISSION.
   8.  EVERY MEETING OF THE COMMISSION OR ITS COMMITTEES SHALL BE OPEN TO
 THE GENERAL PUBLIC, EXCEPT THAT AN EXECUTIVE SESSION OF SUCH BODY MAY BE
 CALLED AND BUSINESS TRANSACTED SOLELY FOR  THE  PURPOSES  ENUMERATED  IN
 ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW. NOTWITHSTANDING THE PROVISIONS
 OF ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW, A SUPERMAJORITY VOTE OF SIX
 OF THE NINE MEMBERS, TAKEN IN AN OPEN MEETING PURSUANT TO A MOTION IDEN-
 TIFYING  THE  GENERAL  AREA  OR  AREAS  OF THE SUBJECT OR SUBJECTS TO BE
 CONSIDERED, IS REQUIRED TO CONDUCT AN EXECUTIVE SESSION.  A  MOTION  FOR
 ENTRY INTO AN EXECUTIVE SESSION MUST PROVIDE SUFFICIENT DETAIL TO ENABLE
 THE  PUBLIC  TO  KNOW  WHETHER  AN EXECUTIVE SESSION IS APPROPRIATE. THE
 PROVISION ALLOWING A PUBLIC BODY TO MEET  IN  AN  EXECUTIVE  SESSION  TO
 DISCUSS  PERSONNEL  MATTERS  IS  INTENDED  TO  PROTECT  THE PRIVACY OF A
 PARTICULAR PERSON OR PERSON, NOT TO SHIELD  POLICY  OR  SYSTEMIC  ISSUES
 FROM PUBLIC DISCUSSION.
   9.  ALL THE RECORDS AND UNDERLYING DOCUMENTS OF THE COMMISSION, EXCEPT
 FOR THOSE RECORDS AND DOCUMENTS SPECIFICALLY DESIGNATED BY A SUPERMAJOR-
 ITY VOTE OF THE COMMISSION AS SUBJECT TO EXECUTIVE SESSION  AS  PROVIDED
 IN SUBDIVISION EIGHT OF THIS SECTION, AND ALL NON-CONFORMITY REPORTS AND
 NON-CONFORMITY RECORDS, WITH FORENSIC ANALYSTS' NAMES REDACTED, SHALL BE
 PROMINENTLY  DISPLAYED ON THE HOMEPAGE OF THE COMMISSION'S WEBSITE OR BE
 MADE AVAILABLE TO ANY MEMBER OF THE PUBLIC WHO FILES A SIMPLE REQUEST IN
 WRITING OR BY  EMAIL  TO  THE  COMMISSION.    UNREDACTED  NON-CONFORMITY
 REPORTS  AND  RECORDS  CONTAINING  THE  NAMES  OF  THE FORENSIC ANALYSTS
 INVOLVED SHALL ALSO BE MADE AVAILABLE TO ANY MEMBER OF  THE  PUBLIC  WHO
 FILES A SIMPLE REQUEST IN WRITING OR BY EMAIL TO THE COMMISSION.
   10.  NO  MEMBER  OF THE COMMISSION SHALL HAVE A FINANCIAL OR OWNERSHIP
 INTEREST IN ANY FORM OF ENTERPRISE THAT PROFITS FROM THE USE,  CONTINUED
 USE,  OR GENERAL ACCEPTANCE OF A FORENSIC TESTING METHOD THAT IS SUBJECT
 TO THE COMMISSION'S DUTIES AND POWERS. UNLESS EMPLOYMENT RESULTS IN SUCH
 FINANCIAL OR OWNERSHIP INTEREST OR RESULTS IN DISQUALIFICATION  PURSUANT
 TO SUBDIVISION TWO OF THIS SECTION, NO MEMBER OF THE COMMISSION SHALL BE
 DISQUALIFIED FROM HOLDING ANY PUBLIC OFFICE OR EMPLOYMENT, NOR SHALL ANY
 MEMBER  FORFEIT ANY SUCH OFFICE OR EMPLOYMENT, BY REASON OF SUCH PERSONS
 APPOINTMENT UNDER THIS SECTION, AND MEMBERS OF THE COMMISSION SHALL  NOT
 BE  REQUIRED  TO  TAKE  AND  FILE  OATHS OF OFFICE BEFORE SERVING ON THE
 COMMISSION. IN THE EVENT THAT A MEMBER OF THE COMMISSION DOES  NOT  MEET
 THESE REQUIREMENTS, THE MEMBER SHALL RESIGN THEIR ROLE ON THE COMMISSION
 OR  A  MAJORITY  OF  THE  MEMBERS OF THE COMMISSION MAY VOTE TO REMOVE A
 MEMBER FROM THE COMMISSION.
 A. 3969                             5
 
   11. MEMBERS OF THE COMMISSION SHALL RECEIVE NO COMPENSATION FOR  THEIR
 SERVICES  BUT  SHALL  BE  ALLOWED  THEIR  ACTUAL  AND NECESSARY EXPENSES
 INCURRED IN THE PERFORMANCE OF THEIR FUNCTIONS UNDER THIS SECTION.
   12.  THERE SHALL BE THREE PERMANENT ADVISORY COMMITTEES TO THE COMMIS-
 SION, AS FOLLOWS:
   (A) A SCIENTIFIC ADVISORY COMMITTEE, WHICH WILL BE  MADE  UP  OF  NINE
 MEMBERS,  INCLUDING ITS CHAIR, AND SHALL CONSIST OF FOUR RESEARCH SCIEN-
 TISTS FROM A SCIENTIFIC DISCIPLINE OUTSIDE OF THE  FIELD  OF  FORENSICS;
 ONE  LEGAL SCHOLAR; AND TWO FORENSIC SCIENCE RESEARCHERS OR TWO FORENSIC
 ANALYSTS. AT LEAST ONE MEMBER SHALL BE A SCIENTIST HAVING EXPERIENCE  IN
 THE  AREAS  OF  LABORATORY STANDARDS OR QUALITY ASSURANCE REGULATION AND
 MONITORING AND AT LEAST ONE MEMBER  SHALL  HAVE  EXPERTISE  IN  FORENSIC
 BIOLOGY,  ONE IN FORENSIC CHEMISTRY, ONE IN FORENSIC TOXICOLOGY, AND ONE
 IN A PATTERN-MATCHING DISCIPLINE.
   (I) (1) THE FIRST PERSON TO CHAIR THE COMMITTEE SHALL BE  SELECTED  BY
 THE MEMBERS OF THE COMMISSION FROM A LIST OF FIVE NOMINEES OR APPLICANTS
 SUBMITTED  BY THE COMMISSIONERS. THE SUBSEQUENT PERSON TO CHAIR SHALL BE
 SELECTED FROM THE MEMBERSHIP OF THE SCIENTIFIC ADVISORY  COMMITTEE  AND,
 AS  NECESSARY,  THE COMMISSION MAY SELECT A NEW COMMITTEE CHAIRPERSON IN
 THE SAME MANNER AS THE ORIGINAL APPOINTMENT.
   (2) THE CHAIRPERSON SHALL SERVE IN THE ROLE FOR A THREE-YEAR TERM. ANY
 CHAIRPERSON CHOSEN TO FILL A VACANCY CREATED OTHERWISE THAN  BY  EXPIRA-
 TION  OF  TERM SHALL BE SELECTED BY MEMBERSHIP FOR THE UNEXPIRED TERM OF
 THE MEMBER THEY ARE TO SUCCEED. A MEMBER MAY  SERVE  NO  MORE  THAN  TWO
 TERMS AS CHAIR.
   (II)  (1)  THE  FIRST CHAIRPERSON OF THE COMMITTEE SHALL APPOINT EIGHT
 MEMBERS, SELECTED BY APPLICATION, FIVE OF WHOM MUST BE A FACULTY  MEMBER
 OR  STAFF  MEMBER  OF  A PUBLIC OR PRIVATE UNIVERSITY. THE CHAIRPERSON'S
 MEMBERSHIP SELECTIONS SHALL REQUIRE CONFIRMATION BY A MAJORITY  VOTE  OF
 THE  COMMISSION MEMBERS. THE SUBSEQUENT MEMBERS SHALL BE SELECTED BY THE
 THEN-SERVING CHAIRPERSON AND CONFIRMED BY A MAJORITY VOTE OF THE COMMIS-
 SION MEMBERS.
   (2) MEMBERS OF THE COMMITTEE SHALL SERVE THREE-YEAR TERMS, WHICH  WILL
 HAVE  STAGGERED  TERMS OF OFFICE SUCH THAT ONE-THIRD OF THE MEMBERSHIPS'
 TERMS WILL EXPIRE EACH YEAR AND THE SUCCEEDING MEMBERS WILL HAVE A  TERM
 OF  THREE YEARS AND BE SUBJECT TO THE CONDITIONS OF SERVICE SPECIFIED IN
 SUBDIVISIONS TEN AND ELEVEN OF THIS SECTION. A COMMITTEE MEMBER MAY  NOT
 SERVE MORE THAN TWO TERMS.
   (B)  A  SOCIAL  JUSTICE, ETHICS AND EQUITY ASSESSMENT COMMITTEE, WHICH
 WILL BE MADE UP OF NINE MEMBERS, INCLUDING ITS  CHAIRPERSON,  AND  SHALL
 CONSIST  OF  MEMBERS  WITH EXPERTISE IN EQUITY AND EQUITY IMPACT ASSESS-
 MENTS, CIVIL RIGHTS, IMPLICIT BIAS, POLICE ACCOUNTABILITY OR LEGITIMACY,
 AND RACIAL JUSTICE AND HISTORY. AT LEAST ONE MEMBER MUST HAVE  EXPERTISE
 IN ALGORITHM BIAS DETECTION AND MITIGATION. AT LEAST TWO MEMBERS MUST BE
 FROM  ORGANIZATIONS  OR COMMUNITY GROUPS REPRESENTING PEOPLE IMPACTED BY
 THE CRIMINAL JUSTICE SYSTEM.
   (I) THE CHAIRPERSON OF THE SOCIAL JUSTICE, ETHICS AND  EQUITY  ASSESS-
 MENT  COMMITTEE SHALL BE THE COMMISSIONER SELECTED PURSUANT TO PARAGRAPH
 (H) OF SUBDIVISION ONE OF THIS SECTION.
   (II) (1) THE CHAIRPERSON OF THE COMMITTEE SHALL APPOINT EIGHT MEMBERS,
 SELECTED BY APPLICATION. IN SELECTING  MEMBERS  OF  THE  COMMITTEE,  THE
 CHAIR  SHALL  TAKE INTO CONSIDERATION THE STATEWIDE GEOGRAPHIC DIVERSITY
 OF THE MEMBERSHIP. THE CHAIRPERSON'S MEMBERSHIP SELECTIONS SHALL REQUIRE
 CONFIRMATION BY A MAJORITY VOTE OF THE COMMISSION MEMBERS.
   (2) MEMBERS OF THE COMMITTEE SHALL SERVE FOR THREE-YEAR  TERMS,  WHICH
 WILL  HAVE  STAGGERED TERMS OF OFFICE SUCH THAT ONE-THIRD OF THE MEMBER-
 A. 3969                             6
 
 SHIPS' TERMS WILL EXPIRE EACH YEAR AND THE SUCCEEDING MEMBERS WILL  HAVE
 A TERM OF THREE YEARS AND BE SUBJECT TO THE CONDITIONS OF SERVICE SPECI-
 FIED IN SUBDIVISIONS TEN AND ELEVEN OF THIS SECTION, EXCEPT THAT MEMBERS
 OF  THE  COMMITTEE,  EXCLUDING  THE  CHAIRPERSON OF THE COMMITTEE, SHALL
 RECEIVE A FIXED YEARLY STIPEND FOR THEIR TIME. A  COMMITTEE  MEMBER  MAY
 NOT  SERVE  MORE  THAN TWO TERMS. A VACANCY ON THE ADVISORY COMMITTEE IS
 FILLED BY APPOINTING A  MEMBER  IN  THE  SAME  MANNER  AS  THE  ORIGINAL
 APPOINTMENT TO SERVE FOR THE UNEXPIRED PORTION OF THE TERM.
   (C)  A  FORENSIC  ANALYST LICENSE ADVISORY COMMITTEE, WHOSE MEMBERSHIP
 SHALL CONSIST OF NINE  MEMBERS  AS  FOLLOWS:  ONE  PROSECUTING  ATTORNEY
 SELECTED  BY THE DISTRICT ATTORNEYS ASSOCIATION OF NEW YORK; ONE DEFENSE
 ATTORNEY JOINTLY SELECTED BY THE NEW YORK STATE ASSOCIATION OF  CRIMINAL
 DEFENSE  LAWYERS  AND  NEW  YORK  STATE DEFENDERS ASSOCIATION; AND SEVEN
 MEMBERS SELECTED BY THE SCIENTIFIC ADVISORY COMMITTEE.
   (I) (1) THE FIRST PERSON TO SERVE AS THE  PRESIDING  OFFICER  WILL  BE
 SELECTED  BY  THE MEMBERS OF THE COMMISSION FROM A LIST OF FIVE NOMINEES
 OR APPLICANTS SUBMITTED BY THE SCIENTIFIC ADVISORY COMMITTEE. THE SUBSE-
 QUENT PERSON TO SERVE AS THE PRESIDING OFFICER SHALL  BE  SELECTED  FROM
 THE  MEMBERSHIP  OF THE FORENSIC ANALYST LICENSE ADVISORY COMMITTEE AND,
 AS NECESSARY, THE COMMISSION MAY SELECT A NEW COMMITTEE PRESIDING  OFFI-
 CER IN THE SAME MANNER AS THE ORIGINAL APPOINTMENT.
   (2)  THE  PRESIDING  OFFICER SHALL SERVE IN THAT ROLE FOR A THREE-YEAR
 TERM.  ANY PRESIDING OFFICER CHOSEN TO FILL A VACANCY CREATED  OTHERWISE
 THAN BY EXPIRATION OF TERM SHALL BE SELECTED BY MEMBERSHIP FOR THE UNEX-
 PIRED TERM OF THE MEMBER THEY ARE TO SUCCEED. A MEMBER MAY SERVE NO MORE
 THAN TWO TERMS AS PRESIDING OFFICER.
   (II)  (1)  ALL  MEMBERSHIP  SELECTIONS MUST BE CONFIRMED BY A MAJORITY
 VOTE OF THE  COMMISSION  MEMBERS.  IN  SELECTING  THE  LICENSE  ADVISORY
 COMMITTEE  MEMBERS,  THE  COMMISSION  AND  SCIENTIFIC ADVISORY COMMITTEE
 SHALL CONSIDER EXPERIENCE AND EXPERTISE IN FORENSIC BIOLOGY, TOXICOLOGY,
 FORENSIC CHEMISTRY, FIREARMS AND TOOLMARKS, TRACE, FINGERPRINTS, DIGITAL
 FORENSICS, STATISTICS, COGNITIVE BIAS, AND ETHICS.
   (2) THE MEMBERS SHALL SERVE THREE-YEAR TERMS THAT BEGIN WITH THE FIRST
 COMMITTEE MEETING. MEMBERS' TERMS OF OFFICE WILL BE STAGGERED SUCH  THAT
 ONE-THIRD  OF  THE  MEMBERSHIPS'  TERMS  WILL  EXPIRE  EACH YEAR AND THE
 SUCCEEDING MEMBERS WILL HAVE A TERM OF THREE YEARS.  A  MEMBER  MAY  NOT
 SERVE  MORE THAN TWO CONSECUTIVE TERMS AND WILL BE SUBJECT TO THE CONDI-
 TIONS OF SERVICE SPECIFIED  IN  SUBDIVISIONS  TEN  AND  ELEVEN  OF  THIS
 SECTION.  A  VACANCY  ON  THE  COMMITTEE SHALL BE FILLED BY APPOINTING A
 MEMBER IN THE SAME MANNER AS THE ORIGINAL APPOINTMENT TO SERVE  FOR  THE
 UNEXPIRED PORTION OF THE TERM.
   13.  THE  COMMISSION  ON  FORENSIC  SCIENCE SHALL HAVE ULTIMATE, FINAL
 DECISION-MAKING AUTHORITY  WITH  RESPECT  TO  RECOMMENDATIONS  FROM  THE
 COMMITTEES  ESTABLISHED  PURSUANT  TO  THIS  SECTION. IN EXERCISING THIS
 AUTHORITY, THE COMMISSION SHALL HAVE THE RIGHT TO ACCEPT  OR  REJECT  IN
 WHOLE  OR IN PART ANY AND ALL RECOMMENDATIONS OR ISSUE A DIFFERENT DECI-
 SION FROM THAT WHICH A COMMITTEE RECOMMENDS. ACCEPTANCE OF  A  COMMITTEE
 RECOMMENDATION  SHALL REQUIRE A MAJORITY VOTE OF THE COMMISSION MEMBERS.
 REJECTION IN WHOLE OR IN PART OF A COMMITTEE'S RECOMMENDATION  OR  ISSU-
 ANCE  OF  A  DIFFERENT  DECISION  FROM THAT WHICH A COMMITTEE RECOMMENDS
 SHALL REQUIRE A TWO-THIRDS VOTE OF THE COMMISSION MEMBERS.  THE  COMMIS-
 SION'S REASONS FOR EITHER ACCEPTING OR REJECTING A COMMITTEE RECOMMENDA-
 TION  OR ISSUING A DIFFERENT DECISION FROM THAT WHICH A COMMITTEE RECOM-
 MENDS SHALL BE PUBLICLY REPORTED IN WRITING ON THE COMMISSION'S WEBSITE.
   § 5. The executive law is amended by adding a new  section  995-aa  to
 read as follows:
 A. 3969                             7
 
   § 995-AA. PERMANENT ADVISORY COMMITTEES TO THE COMMISSION.  1. (A) THE
 SCIENTIFIC  ADVISORY  COMMITTEE  ESTABLISHED  PURSUANT  TO  SECTION NINE
 HUNDRED NINETY-FIVE-A OF THIS ARTICLE SHALL MEET SIX TIMES PER  YEAR  AT
 MINIMUM AND SERVE AS ADVISORS TO THE COMMISSION.
   (B)  UPON THE VOTE OF A MAJORITY OF THE MEMBERS OF THE COMMISSION, THE
 COMMITTEE SHALL HAVE THE  AUTHORITY  TO  REVIEW  A  FORENSIC  LABORATORY
 ACCREDITATION  PURSUANT  TO THIS ARTICLE AND MAKE RECOMMENDATIONS TO THE
 COMMISSION TO GRANT, DENY, OR MODIFY ACCREDITATION OF FORENSIC LABORATO-
 RIES AS DEFINED IN SUBDIVISION ONE OF SECTION NINE  HUNDRED  NINETY-FIVE
 OF  THIS  ARTICLE.  UPON  THE  VOTE  OF A MAJORITY OF THE MEMBERS OF THE
 COMMISSION, THE COMMITTEE SHALL HAVE  THE  AUTHORITY  TO  ESTABLISH  AND
 OVERSEE  A BLIND EXTERNAL PROFICIENCY TESTING PROGRAM FOR FORENSIC LABO-
 RATORIES, INCLUDING  RECEIVING  AND  ANALYZING  THE  DATA  FROM  SUCH  A
 PROGRAM. THE COMMITTEE SHALL ALSO RECOMMEND THE ADOPTION AND IMPLEMENTA-
 TION  OF  INTERNAL AND EXTERNAL PROFICIENCY TESTING PROGRAMS AND PROVIDE
 THE COMMISSION WITH A LIST OF ACCREDITED PROFICIENCY TESTERS.
   (C) THE COMMITTEE MAY LEND THEIR  EXPERTISE  TO,  ISSUE  REPORTS,  AND
 PROVIDE  WRITTEN  RECOMMENDATIONS TO THE COMMISSION OR ANOTHER COMMITTEE
 AT ANY TIME UPON THREE VOTES OF THE COMMISSION, A MAJORITY VOTE  OF  THE
 SOCIAL  JUSTICE, ETHICS, AND EQUITY COMMITTEE, OR A MAJORITY VOTE OF THE
 FORENSIC ANALYST LICENSING ADVISORY COMMITTEE, PROVIDED THEY DISCLOSE  A
 RECORD TO THE PUBLIC OF ALL RECOMMENDATIONS TO THE COMMISSION. RECOMMEN-
 DATIONS  MAY  ADDRESS, BUT ARE NOT LIMITED TO, MINIMUM SCIENTIFIC STAND-
 ARDS TO BE UTILIZED IN CONDUCTING FORENSIC TESTING,  INCLUDING  BUT  NOT
 LIMITED  TO  EXAMINATION  OF  SPECIMENS,  POPULATION STUDIES AND METHODS
 EMPLOYED TO DETERMINE PROBABILITIES AND INTERPRET TEST RESULTS,  LICENS-
 ING  REQUIREMENTS,  TRAINING  REQUIREMENTS, ASSESSMENT AND EVALUATION OF
 ALL METHODOLOGIES PROPOSED TO BE USED FOR FORENSIC TESTING,  IMPLEMENTA-
 TION   OF  SCIENTIFIC  CONTROL  AND  QUALITY  ASSURANCE  PROCEDURES  AND
 ADOPTIONS OF STANDARDS FOR THE PERFORMANCE OF FORENSIC TESTING,  OR  ANY
 OTHER  MATTERS  REFERRED  TO  IT  BY  THE  COMMISSION. THE COMMITTEE MAY
 REQUIRE A DEMONSTRATION BY A FORENSIC LABORATORY OF ANY PROPOSED  FOREN-
 SIC TESTING METHODOLOGY PROPOSED TO BE USED BY A FORENSIC LABORATORY.
   2. (A) THE PURPOSE OF THE SOCIAL JUSTICE, ETHICS AND EQUITY ASSESSMENT
 COMMITTEE  ESTABLISHED PURSUANT TO SECTION NINE HUNDRED NINETY-FIVE-A OF
 THIS ARTICLE IS TO ADVANCE SOCIAL JUSTICE, ETHICS AND EQUITY IN THE  USE
 OF FORENSIC METHODS AND MAKE RECOMMENDATIONS TO THE COMMISSION TO REDUCE
 RACIAL DISPARITIES.
   (B) THE COMMITTEE SHALL HAVE THE POWER TO:
   (I)  CONDUCT  EQUITY  ASSESSMENTS OF CURRENT AND EMERGING TECHNOLOGIES
 AND METHODS;
   (II) ASSESS BUILT-IN BIASES IN ALGORITHMS AND THE DISPARATE IMPACT  OF
 TECHNOLOGIES;
   (III)  ESTABLISH  RECOMMENDATIONS  FOR BEST PRACTICES TO GUARD AGAINST
 RACIAL DISPARITIES AND ADVANCE  SOCIAL  JUSTICE  FOR  IMPLEMENTATION  OF
 FORENSIC SCIENCE AND TECHNOLOGY;
   (IV) HOLD HEARINGS AND MEETINGS TO GATHER FEEDBACK FROM THE PUBLIC AND
 TO USE PUBLIC FEEDBACK TO INFORM THEIR WORK; AND
   (V)  HOLD  PUBLIC MEETINGS AND BRIEFINGS TO EDUCATE THE PUBLIC AND THE
 COMMISSION ON FORENSIC SCIENCE, TECHNOLOGIES, AND METHODS.
   (C) THE COMMITTEE SHALL MEET AS THE COMMISSION REQUESTS OR  A  MINIMUM
 OF FOUR TIMES PER YEAR.
   (D)  THE  COMMITTEE  MAY  LEND  THEIR EXPERTISE TO, ISSUE REPORTS, AND
 PROVIDE WRITTEN RECOMMENDATIONS TO THE COMMISSION OR ANOTHER  COMMITTEE,
 PROVIDED THEY DISCLOSE A RECORD OF ALL RECOMMENDATIONS TO THE COMMISSION
 AND  TO  THE  PUBLIC.  THE  COMMITTEE  MAY MAKE RECOMMENDATIONS OR ISSUE
 A. 3969                             8
 
 REPORTS TO THE COMMISSION AT ANY TIME UPON A VOTE OF  THREE  MEMBERS  OF
 THE COMMISSION, A MAJORITY VOTE OF THE SCIENTIFIC ADVISORY COMMITTEE, OR
 A MAJORITY VOTE OF THE LICENSE ADVISORY COMMITTEE.
   3.  (A) THE FORENSIC ANALYST LICENSE ADVISORY COMMITTEE ESTABLISHED BY
 SECTION NINE HUNDRED NINETY-FIVE-A OF  THIS  ARTICLE  SHALL  ADVISE  THE
 COMMISSION,  WITH  SPECIFIC ADVISORY RESPONSIBILITY TO THE COMMISSION ON
 ITS RULE-MAKING PURSUANT TO PARAGRAPHS (B), (C), (D), AND (E) OF  SUBDI-
 VISION  SEVEN OF SECTION NINE HUNDRED NINETY-FIVE-B OF THIS ARTICLE, AND
 MAKE RECOMMENDATIONS RELATED TO THE  LICENSING  OF  A  FORENSIC  ANALYST
 DEFINED  UNDER  SUBDIVISION FOURTEEN OF SECTION NINE HUNDRED NINETY-FIVE
 OF THIS ARTICLE.
   (B) THE COMMITTEE SHALL CONDUCT AN ANNUAL  NEEDS  ASSESSMENT  FOR  ALL
 LABORATORIES WITH LICENSED FORENSIC ANALYSTS IN NEW YORK STATE AND ISSUE
 A  YEARLY NEEDS REPORT THAT INCLUDES RECOMMENDATIONS FOR THE EXPENDITURE
 OF LICENSING FEES TO THE COMMISSION.
   (C) THE COMMITTEE SHALL MEET AT THE CALL OF THE PRESIDING  OFFICER  OF
 THE COMMITTEE OR THE COMMISSION.
   (D)  THE  COMMISSION  MAY DELEGATE ITS RULE-MAKING POWERS FOR FORENSIC
 ANALYST LICENSING TO THE COMMITTEE, BUT ANY PROPOSED RULE MUST BE  RATI-
 FIED FOR ADOPTION BY A MAJORITY VOTE OF THE COMMISSION MEMBERS.
   §  6.  Section  995-b of the executive law, as added by chapter 737 of
 the laws of 1994, paragraph (a) of subdivision 13 as amended by  chapter
 560 of the laws of 1999, is amended to read as follows:
   §  995-b.  Powers and duties of the commission.  1. (A) NOT LATER THAN
 JUNE THIRTIETH OF EACH YEAR, THE COMMISSION SHALL PREPARE AND PUBLISH  A
 REPORT  THAT  COVERS  THE  FOLLOWING AREAS OF INTEREST FROM THE PREVIOUS
 YEAR, INCLUDING:
   (I) COMMISSION ACTIVITY, WHICH SHALL INCLUDE:
   (1) A DESCRIPTION OF EACH  DISCLOSURE  OR  COMPLAINT  FILED  WITH  THE
 COMMISSION  DURING THE PRECEDING TWELVE-MONTH PERIOD, THE DISPOSITION OF
 EACH COMPLAINT, AND THE STATUS OF ANY COMPLAINT STILL PENDING  ON  MARCH
 FIRST;
   (2)  A  DESCRIPTION  OF ANY SPECIFIC FORENSIC METHOD OR TECHNOLOGY THE
 COMMISSION DESIGNATES AS PART OF THE  ACCREDITATION  PROCESS  FOR  CRIME
 LABORATORIES ESTABLISHED BY THIS SECTION;
   (3)  RECOMMENDATIONS  FOR  BEST  PRACTICES FOR EACH FORENSIC METHOD OR
 TECHNOLOGY;
   (4) DEVELOPMENTS IN FORENSIC SCIENCE OR TECHNOLOGY  MADE  OR  USED  IN
 OTHER  STATE OR FEDERAL INVESTIGATIONS AND THE ACTIVITIES OF THE COMMIS-
 SION, IF ANY, WITH RESPECT TO THOSE DEVELOPMENTS; AND
   (5) OTHER INFORMATION THAT IS  RELEVANT  TO  INVESTIGATIONS  INVOLVING
 FORENSIC  SCIENCE,  AS  DETERMINED  BY A MAJORITY VOTE OF THE COMMISSION
 MEMBERS; AND
   (II) SIGNIFICANT NON-CONFORMITIES, WHICH SHALL INCLUDE:
   (1) THE COMMISSION'S DEFINITION OF THE TERM "SIGNIFICANT NON-CONFORMI-
 TIES" BASED ON THE TYPE OF STANDARD  VIOLATED,  ITS  SEVERITY,  RISK  OF
 RECURRENCE, AND IMPACT ON THE CRIMINAL LEGAL SYSTEM; AND
   (2) FOR EACH FORENSIC SCIENCE SERVICE PROVIDER OVERSEEN BY THE COMMIS-
 SION:
   (A)  THE  NUMBER OF SIGNIFICANT NONCONFORMITIES IDENTIFIED AND PROFES-
 SIONAL NEGLIGENCE OR PROFESSIONAL MISCONDUCT DISCLOSED  TO  THE  COMMIS-
 SION;
   (B)  A  DESCRIPTION  OF  THE NATURE OF THE NONCONFORMITY, PROFESSIONAL
 NEGLIGENCE, OR PROFESSIONAL MISCONDUCT AND HOW IT WAS DETECTED; AND
 A. 3969                             9
 
   (C) A DESCRIPTION OF ALL CORRECTIVE ACTIONS IMPLEMENTED TO ADDRESS THE
 NONCONFORMITY, PROFESSIONAL NEGLIGENCE, OR PROFESSIONAL MISCONDUCT,  AND
 THE EFFECTIVENESS OF THE CORRECTIVE ACTIONS TAKEN; AND
   (III) OPERATIONAL STATISTICS, WHICH SHALL INCLUDE:
   (1) FOR EACH FORENSIC SCIENCE SERVICE PROVIDER OVERSEEN BY THE COMMIS-
 SION:
   (A) THE VOLUME OF FORENSIC SERVICES OF EACH FACILITY;
   (B) THE VOLUME OF FORENSIC SERVICES REQUIRED FOR EACH COUNTY; AND
   (C)  THE  COSTS AND LENGTH OF TIME FROM SUBMISSION FOR TESTING AND THE
 RETURN OF RESULTS FROM SUCH FACILITIES.
   (B) THE ANNUAL REPORT WILL BE POSTED TO THE  COMMISSION  WEBSITE  UPON
 PUBLICATION  ON JUNE THIRTIETH AND DISTRIBUTED DIRECTLY TO THE FOLLOWING
 INSTITUTIONAL STAKEHOLDERS:
   (I) THE NEW YORK STATE DEFENDERS ASSOCIATION;
   (II) THE NEW YORK STATE ASSOCIATION OF CRIMINAL DEFENSE LAWYERS;
   (III) THE DISTRICT ATTORNEYS' ASSOCIATION OF THE STATE OF NEW YORK;
   (IV) ALL COUNTY ATTORNEYS IN NEW YORK STATE;
   (V) ALL PUBLIC DEFENSE ORGANIZATIONS IN NEW YORK STATE;
   (VI) ALL NEW YORK CRIME LABORATORY DIRECTORS;
   (VII) THE NEW YORK STATE OFFICE OF COURT ADMINISTRATION;
   (VIII) ALL NEW YORK STATE SUPREME COURT JUSTICES; AND
   (IX) ANY OTHER LOCAL GOVERNMENT BODY OR  NONPROFIT  ORGANIZATION  THAT
 REQUESTS TO BE INCLUDED ON THE ANNUAL REPORT DISTRIBUTION LIST.
   2.  (A) THE COMMISSION SHALL ADOPT A CODE OF PROFESSIONAL RESPONSIBIL-
 ITY BY RULE TO REGULATE THE CONDUCT OF  PERSONS,  LABORATORIES,  FACILI-
 TIES, AND OTHER ENTITIES REGULATED UNDER THIS ARTICLE.
   (B)  THE  COMMISSION  SHALL PUBLISH ON ITS WEBSITE THE CODE OF PROFES-
 SIONAL RESPONSIBILITY ADOPTED UNDER PARAGRAPH (A)  OF  THIS  SUBDIVISION
 AND  PROVIDE A COPY TO EVERY FORENSIC LABORATORY AS DEFINED UNDER SUBDI-
 VISION ONE OF SECTION NINE HUNDRED NINETY-FIVE OF  THIS  ARTICLE.  EVERY
 FORENSIC  LABORATORY  SHALL  BE  RESPONSIBLE FOR PROVIDING A COPY OF THE
 CODE OF PROFESSIONAL RESPONSIBILITY TO EACH OF ITS EMPLOYEES. EACH  SUCH
 EMPLOYEE SHALL ACKNOWLEDGE RECEIPT OF THE CODE OF PROFESSIONAL RESPONSI-
 BILITY  IN  WRITING  ON  THE  FIRST  OF EACH CALENDAR YEAR AND FILE SUCH
 RECEIPT WITH THE LABORATORY'S COMPLIANCE OFFICER OR  EQUIVALENT  PERSON-
 NEL.
   (C)  THE  COMMISSION SHALL ADOPT RULES ESTABLISHING SANCTIONS FOR CODE
 VIOLATIONS.
   (D) THE COMMISSION SHALL UPDATE THE CODE OF PROFESSIONAL  RESPONSIBIL-
 ITY  AS  NECESSARY  TO  REFLECT CHANGES IN SCIENCE, TECHNOLOGY, OR OTHER
 FACTORS AFFECTING PERSONS, LABORATORIES, FACILITIES, AND OTHER  ENTITIES
 REGULATED UNDER THIS ARTICLE.
   3. (A) THE COMMISSION SHALL:
   (I)  DEVELOP  AND IMPLEMENT A UNIFORM REPORTING SYSTEM THROUGH WHICH A
 FORENSIC LABORATORY, INDIVIDUAL, OR OTHER ENTITY MAY REPORT PROFESSIONAL
 NEGLIGENCE OR PROFESSIONAL MISCONDUCT;
   (II) REQUIRE A FORENSIC LABORATORY TO REPORT  PROFESSIONAL  NEGLIGENCE
 OR PROFESSIONAL MISCONDUCT TO THE COMMISSION; AND
   (III)  INVESTIGATE, IN A TIMELY MANNER, ANY ALLEGATION OF PROFESSIONAL
 NEGLIGENCE OR PROFESSIONAL MISCONDUCT THAT WOULD:
   (1) SUBSTANTIALLY AFFECT THE INTEGRITY OF:
   (A) THE RESULTS OF FORENSIC TESTING CONDUCTED BY A FORENSIC  LABORATO-
 RY;
   (B)  AN EXAMINATION OR TEST THAT IS CONDUCTED BY A FORENSIC LABORATORY
 AND THAT IS A FORENSIC EXAMINATION OR TEST NOT SUBJECT TO ACCREDITATION;
 OR
 A. 3969                            10
 
   (C) TESTIMONY RELATED TO AN ANALYSIS, EXAMINATION, OR  TEST  DESCRIBED
 BY ITEM (A) OR (B) OF THIS CLAUSE; OR
   (2)  CONSTITUTE  PROFESSIONAL MISCONDUCT REQUIRING DISCIPLINARY ACTION
 PURSUANT TO PARAGRAPH (F) OF SUBDIVISION  SEVEN  OF  THIS  SECTION.  THE
 RESULTS  OF  THIS INVESTIGATION SHALL INCLUDE A DETERMINATION OF WHETHER
 THERE IS SUBSTANTIAL EVIDENCE  OF  PROFESSIONAL  MISCONDUCT  OR  WHETHER
 FURTHER PROCEEDINGS ARE WARRANTED.
   (B)    THE COMMISSION MAY ALSO INITIATE AN INVESTIGATION OF A FORENSIC
 TESTING METHOD OR A SPECIFIC FORENSIC ANALYSIS NOT SUBJECT  TO  ACCREDI-
 TATION,  WITHOUT  RECEIVING  A COMPLAINT SUBMITTED THROUGH THE REPORTING
 SYSTEM IMPLEMENTED UNDER SUBPARAGRAPH  (I)  OF  PARAGRAPH  (A)  OF  THIS
 SUBDIVISION  IF THE COMMISSION DETERMINES BY A MAJORITY VOTE OF A QUORUM
 OF THE MEMBERS OF THE COMMISSION THAT AN INVESTIGATION OF  THE  FORENSIC
 METHOD, TEST, EXAMINATION, OR SPECIFIC ANALYSIS WOULD ADVANCE THE SCIEN-
 TIFIC INTEGRITY AND RELIABILITY OF FORENSIC SCIENCE IN THIS STATE.
   (C)  IF  THE  COMMISSION INITIATES AN INVESTIGATION UNDER SUBPARAGRAPH
 (I) OF PARAGRAPH (A) OF THIS SUBDIVISION, THE COMMISSION SHALL:
   (I) PROVIDE WRITTEN NOTICE AND A DESCRIPTION OF THE COMPLAINT  TO  THE
 AFFECTED FORENSIC LABORATORY OR INDIVIDUAL;
   (II)  PROVIDE  THE  AFFECTED  FORENSIC LABORATORY OR INDIVIDUAL THIRTY
 DAYS TO RESPOND TO THE ALLEGATION OR PROVIDE INFORMATION ABOUT  HOW  THE
 FORENSIC  LABORATORY  OR INDIVIDUAL HAS REMEDIATED THE PROBLEM OR ISSUE;
 AND
   (III) PROVIDE THE FORENSIC LABORATORY OR INDIVIDUAL WITH THE  OPPORTU-
 NITY  TO  RESPOND  AT A PUBLIC HEARING PRIOR TO THE COMMISSION'S VOTE TO
 UNDERTAKE AN INVESTIGATION.
   (D) IF THE COMMISSION CONDUCTS AN INVESTIGATION UNDER SUBPARAGRAPH (I)
 OF PARAGRAPH (A) OF THIS SUBDIVISION OF A FORENSIC LABORATORY:
   (I) THAT IS ACCREDITED UNDER THIS ARTICLE PURSUANT TO AN ALLEGATION OF
 PROFESSIONAL NEGLIGENCE OR PROFESSIONAL MISCONDUCT INVOLVING AN  ACCRED-
 ITED FIELD OF FORENSIC TESTING, THE INVESTIGATION:
   (1)  SHALL INCLUDE THE PREPARATION OF A WRITTEN REPORT THAT IDENTIFIES
 AND ALSO DESCRIBES THE METHODS AND PROCEDURES USED TO IDENTIFY:
   (A) THE ALLEGED NEGLIGENCE OR MISCONDUCT;
   (B) WHETHER NEGLIGENCE OR MISCONDUCT OCCURRED;
   (C) ANY CORRECTIVE ACTION REQUIRED OF THE FORENSIC LABORATORY;
   (D) OBSERVATIONS OF THE COMMISSION REGARDING THE INTEGRITY  AND  RELI-
 ABILITY OF THE FORENSIC TESTING CONDUCTED;
   (E)  BEST  PRACTICES IDENTIFIED BY THE COMMISSION DURING THE COURSE OF
 THE INVESTIGATION; AND
   (F) OTHER RECOMMENDATIONS THAT ARE  RELEVANT,  AS  DETERMINED  BY  THE
 COMMISSION; AND
   (2) MAY INCLUDE ONE OR MORE OF THE FOLLOWING:
   (A)  RETROSPECTIVE  REEXAMINATIONS OF OTHER FORENSIC TESTING CONDUCTED
 BY THE FORENSIC LABORATORY THAT MAY INVOLVE THE SAME KIND OF  NEGLIGENCE
 OR MISCONDUCT; AND
   (B) FOLLOW-UP EVALUATIONS OF THE FORENSIC LABORATORY TO REVIEW INCLUD-
 ING:
   I. THE IMPLEMENTATION OF ANY CORRECTIVE ACTION REQUIRED UNDER ITEM (C)
 OF CLAUSE ONE OF THIS SUBPARAGRAPH; OR
   II.  THE  CONCLUSION OF ANY RETROSPECTIVE REEXAMINATION UNDER ITEM (A)
 OF THIS CLAUSE.
   (II) THAT IS NOT ACCREDITED UNDER THIS ARTICLE  OR  THE  INVESTIGATION
 INVOLVES A FORENSIC TEST NOT SUBJECT TO ACCREDITATION, THE INVESTIGATION
 MUST INCLUDE THE PREPARATION OF A WRITTEN REPORT, WHICH MAY CONTAIN:
 A. 3969                            11
 
   (1)  OBSERVATIONS  OF THE COMMISSION REGARDING THE INTEGRITY AND RELI-
 ABILITY OF THE APPLICABLE ANALYSIS, EXAMINATION, OR TEST CONDUCTED;
   (2)  BEST  PRACTICES IDENTIFIED BY THE COMMISSION DURING THE COURSE OF
 THE INVESTIGATION; OR
   (3) OTHER RECOMMENDATIONS THAT ARE  RELEVANT,  AS  DETERMINED  BY  THE
 COMMISSION.
   (E)  IF THE COMMISSION CONDUCTS AN INVESTIGATION OF A FORENSIC TESTING
 METHOD OR SPECIFIC FORENSIC ANALYSIS UNDER PARAGRAPH (B) OF  SUBDIVISION
 THREE OF THIS SECTION, THE INVESTIGATION MUST INCLUDE THE PREPARATION OF
 A WRITTEN REPORT THAT CONTAINS:
   (I)  OBSERVATIONS  OF THE COMMISSION REGARDING THE INTEGRITY AND RELI-
 ABILITY OF THE FORENSIC ANALYSIS CONDUCTED;
   (II) BEST PRACTICES IDENTIFIED BY THE COMMISSION DURING THE COURSE  OF
 THE INVESTIGATION; AND
   (III)  OTHER  RECOMMENDATIONS  THAT ARE RELEVANT, AS DETERMINED BY THE
 COMMISSION.
   (F) THE COMMISSION BY CONTRACT MAY DELEGATE THE  DUTIES  DESCRIBED  BY
 SUBPARAGRAPHS  (I) AND (III) OF PARAGRAPH (A) OF THIS SUBDIVISION, PARA-
 GRAPH (B) OF THIS SUBDIVISION, AND PARAGRAPH (A) OF SUBDIVISION FIVE  OF
 THIS  SECTION TO ANY PERSON THE COMMISSION DETERMINES TO BE QUALIFIED TO
 ASSUME THOSE DUTIES, HOWEVER, THE COMMISSION RETAINS THE  AUTHORITY  FOR
 DETERMINING THE STANDARDS BY WHICH THOSE ACTIVITIES ARE CONDUCTED.
   (G) THE COMMISSION MAY REQUIRE THAT A FORENSIC LABORATORY INVESTIGATED
 UNDER  THIS  SECTION  PAY  ANY  COSTS INCURRED TO ENSURE COMPLIANCE WITH
 PARAGRAPHS (C), (D), OR (E) OF THIS SUBDIVISION AS PART OF ITS  ACCREDI-
 TATION RESPONSIBILITIES.
   (H)  THE  COMMISSION  SHALL  MAKE  ALL INVESTIGATION REPORTS COMPLETED
 UNDER PARAGRAPHS (D) OR (E) OF THIS SUBDIVISION AVAILABLE TO THE PUBLIC.
 A REPORT COMPLETED UNDER PARAGRAPHS (D) OR (E) OF THIS SUBDIVISION, IN A
 SUBSEQUENT CIVIL OR CRIMINAL PROCEEDING, IS NOT PRIMA FACIE EVIDENCE  OF
 THE  INFORMATION  OR  FINDINGS  CONTAINED IN THE REPORT, NOR IS IT PRIMA
 FACIE EVIDENCE OF GENERAL ACCEPTANCE BY THE RELEVANT SCIENTIFIC COMMUNI-
 TY.
   (I) THE COMMISSION MAY NOT ISSUE A FINDING RELATED  TO  THE  GUILT  OR
 INNOCENCE  OF A PARTY IN AN UNDERLYING CIVIL OR CRIMINAL TRIAL INVOLVING
 CONDUCT INVESTIGATED BY THE COMMISSION UNDER THIS ARTICLE.
   (J) THE COMMISSION SHALL DEVELOP AND IMPLEMENT A  DEFENDANT  NOTIFICA-
 TION  PROCEDURE  FOR  INVESTIGATIONS  CONDUCTED  UNDER THIS SECTION THAT
 INCLUDES ALL OF THE FOLLOWING:
   (I) NOTIFICATION TO NEW YORK STATE  DEFENDERS  ASSOCIATION,  NEW  YORK
 STATE  ASSOCIATION  OF CRIMINAL DEFENSE LAWYERS, ALL COUNTY ATTORNEYS IN
 NEW YORK STATE, AND ALL PUBLIC DEFENSE ORGANIZATIONS IN NEW YORK  STATE,
 THE  DISTRICT  ATTORNEY'S OFFICE, THE DEFENDANT IN ANY AFFECTED CRIMINAL
 CASE AND THAT DEFENDANT'S ATTORNEY, IF APPLICABLE, OF  THE  DISPOSITION,
 IF  THAT  DISPOSITION  INCLUDES  A  FINDING  THAT AN ACT OF PROFESSIONAL
 NEGLIGENCE, MISCONDUCT, NONCONFORMANCE, OR A CHANGE IN SCIENCE  AFFECTED
 THE INTEGRITY OF THE RESULTS OF A FORENSIC ANALYSIS;
   (II) A DESCRIPTION OF THE TECHNICAL ISSUE AND A WRITTEN SUMMARY OF THE
 FACTS;
   (III)    A  REFERRAL TO RELEVANT RESOURCES, INCLUDING, BUT NOT LIMITED
 TO, PUBLIC DEFENDERS; AND
   (IV) A PROTOCOL FOR THE COMMISSION  TO  PROVIDE  POTENTIALLY  AFFECTED
 DEFENDANTS WITH INFORMATION REGARDING RELEVANT RESOURCES.
   4. (A) FOR PURPOSES OF THIS SECTION:
 A. 3969                            12
 
   (I)  "FORENSIC  METHOD"  SHALL  MEAN  ANY  FORENSIC SCIENCE TECHNIQUE,
 INSTRUMENTS, SOFTWARE PROGRAM, OR ANALYSIS USED IN A CRIMINAL MATTER  OR
 INVESTIGATION OR PROPOSED FOR USE IN A CRIMINAL MATTER; AND
   (II) "METHOD ACCREDITATION" SHALL MEAN MEETING OR EXCEEDING APPLICABLE
 QUALITY STANDARDS AND SUPPLEMENTAL FORENSIC STANDARDS;
   (III) "IEEE 1012" SHALL MEAN THE INSTITUTE OF ELECTRICAL AND ELECTRON-
 ICS  ENGINEERS  (IEEE)  STANDARD 1012 THAT PROVIDES GENERAL REQUIREMENTS
 FOR SYSTEM, SOFTWARE, AND HARDWARE VERIFICATION AND VALIDATION.
   (IV) "SUPPLEMENTAL FORENSIC STANDARDS" SHALL MEAN ADDITIONAL STANDARDS
 ESTABLISHED OR PUBLISHED BY  A  GOVERNMENTAL  AGENCY,  A  NATIONALLY  OR
 INTERNATIONALLY  RECOGNIZED  ORGANIZATION  FOR  DESIGN,  DEVELOPMENT, OR
 IMPARTIAL REVIEW OF LABORATORIES OR TECHNOLOGY, WHICH  ARE  RELEVANT  TO
 FORENSIC METHODOLOGIES.
   (B) THE COMMISSION SHALL INITIATE AN INVESTIGATION INTO ANY CURRENT OR
 NEW FORENSIC METHOD UPON:
   (I) APPLICATION BY A PERSON ALLEGING THAT A FORENSIC METHOD MAY NOT BE
 SCIENTIFICALLY  VALID  IF  TWO  OR MORE OF THE MEMBERS OF THE COMMISSION
 CONFIRM THAT AN INVESTIGATION IS WARRANTED; OR
   (II) A DETERMINATION BY TWO OR MORE MEMBERS OF THE COMMISSION THAT  AN
 INVESTIGATION OF A FORENSIC METHOD WOULD ADVANCE THE INTEGRITY AND RELI-
 ABILITY OF FORENSIC SCIENCE IN THE STATE.
   (C)  IF  THE  COMMISSION CONDUCTS AN INVESTIGATION UNDER THIS SUBDIVI-
 SION, THE INVESTIGATION MUST INCLUDE THE PREPARATION OF A WRITTEN PUBLIC
 REPORT THAT CONTAINS:
   (I) OBSERVATIONS OF THE COMMISSION REGARDING THE INTEGRITY  AND  RELI-
 ABILITY  OF  THE  FORENSIC  METHOD, INCLUDING IDENTIFYING THE SCIENTIFIC
 FOUNDATIONS THAT SUPPORT THE FORENSIC METHOD AND EVALUATING  THE  EMPIR-
 ICAL EVIDENCE FOR THE RELIABILITY OF THE FORENSIC METHOD;
   (II)  BEST PRACTICES IDENTIFIED BY THE COMMISSION DURING THE COURSE OF
 THE INVESTIGATION;
   (III) A REVIEW OF RELEVANT SCIENTIFIC LITERATURE, INCLUDING ANY BLACK-
 BOX STUDIES THAT ASSESS THE ACCURACY OF AN EXAMINER'S CONCLUSIONS  WITH-
 OUT  CONSIDERING  HOW THE CONCLUSIONS WERE REACHED, TO DETERMINE WHETHER
 MODIFICATION OF ANY OF THE RELEVANT MANUALS AND PROCEDURES IS DESIRABLE;
   (IV) WHERE THE  METHOD  INVOLVES  ANY  SYSTEM,  SOFTWARE  OR  HARDWARE
 COVERED  BY IEEE 1012, DOCUMENTATION OF THE DEGREE TO WHICH THE REQUIRE-
 MENTS OF IEEE 1012 HAVE BEEN MET INCLUDING A DISCUSSION OF THE INTEGRITY
 LEVEL ASSIGNED TO THE SYSTEM, SOFTWARE OR HARDWARE;
   (V) A DISCUSSION OF THE LIMITATIONS  OF  THE  METHOD,  THE  LIMITS  OF
 DETECTION,  STATISTICAL VALIDATION, AND HOW THE LABORATORY COULD IMPROVE
 THE METHOD;
   (VI) PERFORMANCE OF A RACIAL EQUITY IMPACT ASSESSMENT; AND
   (VII) OTHER RECOMMENDATIONS THAT ARE RELEVANT, AS  DETERMINED  BY  THE
 COMMISSION.
   (D)  THE  COMMISSION MAY, UPON A MAJORITY VOTE, ESTABLISH SUPPLEMENTAL
 FORENSIC STANDARDS.
   (E) REPORTS AND RECOMMENDATIONS ISSUED PURSUANT TO THIS SECTION  SHALL
 NOT  LIMIT  ADMISSIBILITY CHALLENGES TO THE INTRODUCTION OF ANY EVIDENCE
 UTILIZING THE NEW METHOD BEFORE A COURT.
   (F) TO USE A METHOD IN A CRIMINAL INVESTIGATION OR REPORT THE  RESULTS
 OF SUCH A METHOD TO A COURT OF THIS STATE, A FORENSIC LABORATORY OF THIS
 STATE  OR A FORENSIC LABORATORY OUTSIDE THE BORDERS OF NEW YORK STATE AS
 DEFINED PURSUANT TO SUBDIVISION ONE OF SECTION NINE HUNDRED  NINETY-FIVE
 OF  THIS ARTICLE SHALL FIRST REPORT USE OF THE METHOD TO THE COMMISSION.
 WHEN A FORENSIC LABORATORY IS A NON-PUBLIC LABORATORY,  THAT  LABORATORY
 MUST  DISCLOSE  THEIR  DEPARTMENT  OF  HEALTH  APPLICATION MATERIALS AND
 A. 3969                            13
 
 PERMIT TO THE COMMISSION. UPON DISCLOSURE OF USE OF THE  METHOD  TO  THE
 COMMISSION,  OR  UPON REQUEST BY THE COMMISSION, THE FORENSIC LABORATORY
 SHALL PROVIDE A COPY OF THE FOLLOWING FOR VALIDATION, VERIFICATION,  AND
 INSTRUMENTAL PERFORMANCE CHECKS: SUMMARIES, PROTOCOLS, WRITTEN POLICIES,
 SOURCE  CODE, IF REQUESTED; SCOPE DOCUMENT DESCRIBING SOURCES AND DISCI-
 PLINES OF ACCREDITATION; AND ALL UNDERLYING  DATA.  THE  COMMISSION  MAY
 RELY  UPON  A  THIRD  PARTY,  SELECTED BY A MAJORITY VOTE, TO ASSESS THE
 SOURCE CODE. IN SUCH A CASE, THE COMMISSION SHALL DISCLOSE THE  NAME  OF
 THE THIRD PARTY AND A SUMMARY OF THEIR FINDINGS TO THE PUBLIC.
   (G)  IF  A MODIFICATION TO AN APPROVED METHOD COULD OR DOES IMPACT THE
 INTERPRETATION OF EVIDENCE OR REPORTED RESULTS IN ANY WAY, THEN IT  MUST
 BE REPORTED TO THE COMMISSION.
   (H)  FOR  PURPOSES  OF INVESTIGATION AND REPORTING UNDER THIS SUBDIVI-
 SION, THE COMMISSION MAY RELY ON THE SCIENTIFIC ADVISORY COMMITTEE OR  A
 WORKING GROUP.
   (I)  THE COMMISSION SHALL DEVELOP MINIMUM STANDARDS FOR FORENSIC LABO-
 RATORIES TO EVALUATE THE CASE-SPECIFIC RELIABILITY OF SYSTEMS AND  METH-
 ODS  USING  VALIDATION  DATA.    THESE STANDARDS WILL INCLUDE BUT NOT BE
 LIMITED TO GUIDANCE ON IMPLEMENTING PROTOCOLS THAT INCORPORATE THE LIMI-
 TATIONS OF INTERPRETATION METHODS AND DEFINING WHAT  CONSTITUTES  INTER-
 PRETABLE DATA VERSUS DATA THAT ARE UNSUITABLE FOR COMPARISON OR UNINTER-
 PRETABLE.
   5. (A) The commission shall develop minimum standards and a program of
 accreditation for all forensic laboratories in New York state, including
 establishing  minimum  qualifications for forensic laboratory directors,
 TECHNICAL LEADERS, AND QUALITY CONTROL MANAGERS and such other personnel
 as the commission may determine to be  necessary  and  appropriate,  and
 approval of forensic laboratories for the performance of specific foren-
 sic  methodologies.  Nothing in this article shall be deemed to preclude
 forensic laboratories from performing research and validation studies on
 new methodologies and technologies which may not yet be approved by  the
 commission at that time.
   (B)  THE  COMMISSION  SHALL EVALUATE AND UPDATE THE SYSTEM OF ACCREDI-
 TATION EVERY FIVE YEARS TO REFLECT CHANGES IN  SCIENCE,  TECHNOLOGY,  OR
 OTHER  FACTORS  AFFECTING MINIMUM STANDARDS, FORENSIC LABORATORY MANAGE-
 MENT AND OVERSIGHT. In designing a system of accreditation  pursuant  to
 this  article,  the  commission shall evaluate other systems of accredi-
 tation EVERY FIVE YEARS.
   [2.] (C) The minimum standards and program of accreditation  shall  be
 designed AND UPDATED AS REQUIRED IN PARAGRAPH (B) OF THIS SUBDIVISION to
 accomplish the following objectives:
   [(a)] (I) increase and maintain the TRANSPARENCY, effectiveness, effi-
 ciency,  reliability,  and accuracy of forensic laboratories[, including
 forensic DNA laboratories];
   [(b)] (II) ensure that  forensic  [analyses,  including  forensic  DNA
 testing, are] TESTING IS performed in accordance with the highest scien-
 tific standards [practicable], INCLUDING COGNITIVE BIAS PROTECTIONS, AND
 IS BASED ON DEMONSTRATED FOUNDATIONALLY VALID METHODS AND RESEARCH;
   [(c)]  (III)  promote  increased  cooperation  and  coordination among
 forensic laboratories and other agencies in the criminal justice system;
   [(d)] (IV) ensure compatibility, to the  extent  consistent  with  the
 provisions  of  this  article  and any other applicable provision of law
 pertaining to privacy  or  restricting  disclosure  or  redisclosure  of
 information,  with  other state and federal forensic laboratories to the
 extent necessary to share and exchange information, data and results  of
 forensic analyses and tests; [and
 A. 3969                            14

   (e)]  (V)  set  forth minimum requirements for the quality and mainte-
 nance of equipment; AND
   (VI)  SET FORTH MINIMUM REQUIREMENTS FOR THE QUALITY, VALIDATION TEST-
 ING, EQUITY, PRIVACY, AND ETHICS OF THE DEPLOYMENT OF METHODOLOGIES  AND
 TECHNOLOGIES.
   [2-a. Any program of forensic laboratory accreditation with respect to
 a  DNA  laboratory pursuant to this section shall be under the direction
 of the DNA subcommittee established pursuant to subdivision thirteen  of
 this  section. Such subcommittee shall have the sole authority to grant,
 deny, review or modify a DNA forensic laboratory accreditation  pursuant
 to  this  article,  provided  that  such  authority shall be effectuated
 through binding recommendations made by  the  DNA  subcommittee  to  the
 commission.  In the event the commission disagrees with any of the bind-
 ing recommendations of the DNA subcommittee made pursuant to this  arti-
 cle,  the  commission  may  so notify such subcommittee and request such
 subcommittee to reasonably review such binding recommendations. The  DNA
 subcommittee  shall conduct such review and either forward revised bind-
 ing recommendations to the commission  or  indicate,  with  the  reasons
 therefor,  that  following  such review such subcommittee has determined
 that such binding recommendations shall not be revised.
   3.]  (D)  The  program  of  forensic  laboratory  accreditation  shall
 include, at a minimum, the following requirements:
   [(a)]  (I)  an initial laboratory inspection, and routine inspections,
 as necessary, to ensure compliance with accreditation requirements.  THE
 RESULTS  OF  THE  ANNUAL  INSPECTION, AND UNDERLYING DOCUMENTS, SHALL BE
 PUBLISHED ON THE LABORATORY'S WEBSITE;
   [(b)] (II) routine internal and external proficiency  testing  of  all
 laboratory  personnel involved in forensic [analysis] TESTING, including
 blind external proficiency  testing  [if  the  commission,  or  the  DNA
 subcommittee  as  the  case  may be, determines such a blind proficiency
 testing program to be practicable and appropriate. In determining wheth-
 er a blind proficiency testing program is practicable  and  appropriate,
 the  commission,  or  the  DNA  subcommittee  as  the case may be, shall
 consider such factors as accuracy and reliability of laboratory results,
 cost-effectiveness, time, allocation of resources, and  availability]  .
 THE  PROGRAM OF PROFICIENCY TESTING INCLUDES INITIAL COMPETENCY TESTING.
 THE RESULTS OF THE PROFICIENCY TESTING PROGRAM, INCLUDING THE  SUBSTANCE
 OF  THE  TESTING,  THE  NAME  OF THE FORENSIC ANALYST, AS WELL AS ACTIVE
 INDIVIDUAL FORENSIC ANALYST'S RESULTS, SHALL BE PUBLISHED BY THE LABORA-
 TORY;
   [(c)] (III) PUBLISHED quality control and quality assurance protocols,
 a PUBLISHED method validation procedure  and  a  corrective  action  and
 remedial program;
   [(d)]  (IV)  annual  certification  to  the commission by the forensic
 laboratories of their continued compliance with the requirements of  the
 accreditation  program  [which  certification, in the case of a forensic
 DNA laboratory, shall be forwarded to the DNA subcommittee];
   [(e)] (V) the accreditation of a forensic laboratory may  be  revoked,
 suspended  or  otherwise limited, upon a determination by the commission
 [or, in the case of a forensic DNA laboratory, upon the  binding  recom-
 mendation  of  the DNA subcommittee,] that the laboratory or one or more
 persons in its employ:
   [(i)] (1) is guilty of misrepresentation in obtaining a forensic labo-
 ratory accreditation;
 A. 3969                            15
 
   [(ii)] (2) rendered a report on laboratory work actually performed  in
 another  forensic  laboratory without disclosing the fact that the exam-
 ination or procedure was performed by such other forensic laboratory;
   [(iii)] (3) showed a pattern of excessive errors in the performance of
 forensic laboratory examination procedures;
   [(iv)] (4) failed to file any report required to be submitted pursuant
 to this article or the rules and regulations promulgated pursuant there-
 to;
   (5)  IS  GUILTY  OF  MISREPRESENTING IN RENDING A REPORT ON LABORATORY
 WORK, TESTIFYING IN ANY CRIMINAL OR  CIVIL  PROCEEDING,  OR  FAILING  TO
 DOCUMENT AND DISCLOSE CHANGES TO CONCLUSIONS OR RESULTS; or
   [(v)] (6) violated in a material respect any provision of this article
 or the rules and regulations promulgated pursuant thereto; and
   [(f)]  (VI)  no  forensic  laboratory  accreditation shall be revoked,
 suspended, or otherwise limited without a hearing. The commission  shall
 serve  written  notice  of  the alleged violation, together with written
 notice of the time and place of  the  hearing,  which  notice  shall  be
 mailed  by  certified  mail  to  the  holder  of the forensic laboratory
 accreditation at the address of such holder  at  least  twenty-one  days
 prior  to  the date fixed for such hearing. An accredited laboratory may
 file a written answer to the charges with the commission, not less  than
 five days prior to the hearing.
   [4.  A]  (E)  THE  COMMISSION SHALL DEVELOP AND IMPLEMENT STANDARDIZED
 FORMS FOR REPORTING NON-CONFORMITIES AND  ANALYSIS  OF  NON-CONFORMITIES
 AND  ANALYSIS  OF  NON-CONFORMITIES  WHICH SHALL BE USED BY ALL FORENSIC
 LABORATORIES UNDER THE JURISDICTION OF THE COMMISSION.
   6. TO EFFECTUATE ITS POWERS AND DUTIES, THE COMMISSION MAY COMPEL  THE
 ATTENDANCE  OF WITNESSES AND THE PRODUCTION OF DOCUMENTS BY THE ISSUANCE
 OF SUBPOENAS.
   7. (A) A PERSON MAY NOT ACT OR OFFER TO  ACT  AS  A  FORENSIC  ANALYST
 UNLESS  THE  PERSON HOLDS A FORENSIC ANALYST LICENSE OR A LIMITED PERMIT
 AS DEFINED IN PARAGRAPH (E) OF THIS SUBDIVISION. THE COMMISSION BY  RULE
 MAY  ESTABLISH  CLASSIFICATIONS  OF  FORENSIC  ANALYST  LICENSES  IF THE
 COMMISSION DETERMINES THAT IT IS NECESSARY TO ENSURE THE AVAILABILITY OF
 PROPERLY TRAINED AND QUALIFIED FORENSIC ANALYSTS TO  PERFORM  ACTIVITIES
 REGULATED BY THE COMMISSION.
   (B) THE COMMISSION BY RULE SHALL:
   (I) ESTABLISH THE QUALIFICATIONS FOR A LICENSE THAT INCLUDE:
   (1)  SUCCESSFUL  COMPLETION  OF  EDUCATION REQUIREMENTS WHICH SHALL BE
 ESTABLISHED FOR EACH DISCIPLINE BY THE COMMISSION;
   (2) SPECIFIC COURSE WORK AND EXPERIENCE, WHICH  SHALL  BE  ESTABLISHED
 FOR  EACH  DISCIPLINE BY THE COMMISSION AND WHICH SHALL INCLUDE INSTRUC-
 TION IN BRADY V. MARYLAND OBLIGATIONS, THE DUTY TO BE  CANDID  WITH  THE
 COURT, AND ETHICS IN A CRIME LABORATORY;
   (3)  SUCCESSFUL  COMPLETION OF AN EXAMINATION, WHICH SHALL BE REQUIRED
 OR RECOGNIZED BY THE COMMISSION; AND
   (4) SUCCESSFUL COMPLETION OF COMPETENCY AND PROFICIENCY TESTING TO THE
 EXTENT REQUIRED FOR CRIME LABORATORY ACCREDITATION  AS  DEFINED  BY  THE
 COMMISSION PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (D) OF SUBDIVISION
 FIVE OF THIS SECTION;
   (II) SET FEES FOR THE ISSUANCE AND RENEWAL OF A LICENSE; AND
   (III) ESTABLISH THE TERM OF A FORENSIC ANALYST LICENSE.
   (C)  THE  COMMISSION BY RULE MAY RECOGNIZE A CERTIFICATION ISSUED BY A
 NATIONAL ORGANIZATION IN AN ACCREDITED  FIELD  OF  FORENSIC  SCIENCE  AS
 SATISFYING  THE  REQUIREMENTS ESTABLISHED UNDER CLAUSE THREE OF SUBPARA-
 GRAPH (I) OF PARAGRAPH (B) OF THIS SUBDIVISION TO THE EXTENT THE COMMIS-
 A. 3969                            16
 
 SION DETERMINES THE CONTENT REQUIRED TO  RECEIVE  THE  CERTIFICATION  IS
 SUBSTANTIALLY  EQUIVALENT  TO THE CONTENT OF THE REQUIREMENTS UNDER THAT
 SUBPARAGRAPH.
   (D) THE COMMISSION SHALL ISSUE A LICENSE TO AN APPLICANT WHO:
   (I) SUBMITS AN APPLICATION ON A FORM PRESCRIBED BY THE COMMISSION;
   (II) MEETS THE QUALIFICATIONS ESTABLISHED BY COMMISSION RULE; AND
   (III) PAYS THE REQUIRED FEE.
   (E)  (I) THE LICENSE ADVISORY COMMITTEE AND THE COMMISSION MAY ISSUE A
 LIMITED PERMIT TO PRACTICE AS A FORENSIC ANALYST TO AN APPLICANT WHO HAS
 MET ALL REQUIREMENTS FOR LICENSURE AS A FORENSIC ANALYST,  EXCEPT  THOSE
 RELATING  TO  THE EXAMINATION AND PROFICIENCY TEST AND PROVIDED THAT THE
 INDIVIDUAL IS UNDER THE GENERAL SUPERVISION OF THE DIRECTOR OF A  FOREN-
 SIC  LABORATORY,  AS  DETERMINED  BY THE COMMISSION. THIS LIMITED PERMIT
 SHALL BE VALID FOR A PERIOD OF  NOT  MORE  THAN  ONE  YEAR  AND  MAY  BE
 EXTENDED  FOR  ONE  ADDITIONAL  YEAR FOR GOOD CAUSE AS DETERMINED BY THE
 COMMISSION.
   (II)  EACH  LIMITED  PERMIT  SHALL  BE  SUBJECT  TO  THE  DISCIPLINARY
 PROVISIONS  APPLICABLE  TO  LICENSEES  PURSUANT TO PARAGRAPH (F) OF THIS
 SUBDIVISION.
   (III)  THE COMMISSION IS AUTHORIZED TO  ADOPT  SUCH  RULES  AND  REGU-
 LATIONS AS MAY BE NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   (F) (I) ON A DETERMINATION BY THE COMMISSION THAT THERE IS SUBSTANTIAL
 EVIDENCE  THAT A LICENSE HOLDER HAS COMMITTED PROFESSIONAL NEGLIGENCE OR
 PROFESSIONAL MISCONDUCT UNDER THIS ARTICLE OR VIOLATED THIS ARTICLE OR A
 RULE OR ORDER OF THE COMMISSION UNDER THIS ARTICLE, THE  COMMISSION  MAY
 INSTITUTE DISCIPLINARY PROCEEDINGS.
   (II)  THE  COMMISSION WILL DESIGNATE A PROFESSIONAL CONDUCT OFFICER IN
 CONNECTION WITH PROFESSIONAL LICENSING AND  MISCONDUCT  PROCEEDINGS  AND
 CRIMINAL  MATTERS,  SUCH  OFFICER TO BE EMPOWERED TO ISSUE SUBPOENAS AND
 ADMINISTER OATHS IN CONNECTION WITH SUCH PROCEEDINGS.
   (III) THE PROFESSIONAL CONDUCT  OFFICER  SHALL  PREPARE  CHARGES.  THE
 CHARGES  SHALL STATE THE ALLEGED PROFESSIONAL NEGLIGENCE OR PROFESSIONAL
 MISCONDUCT OR VIOLATION AND SHALL STATE CONCISELY THE MATERIAL FACTS BUT
 NOT THE EVIDENCE BY WHICH THE CHARGES ARE TO BE PROVED.
   (IV) IN ORDER TO COMMENCE DISCIPLINARY PROCEEDINGS UNDER THIS ARTICLE,
 SERVICE OF A COPY OF THE CHARGES AND NOTICE OF HEARING MUST BE COMPLETED
 TWENTY DAYS BEFORE THE DATE OF THE HEARING IF BY PERSONAL  DELIVERY  AND
 MUST  BE COMPLETED TWENTY-FIVE DAYS BEFORE THE DATE OF THE HEARING IF BY
 ANY OTHER METHOD. AN ADMINISTRATIVE COPY OF THE  CHARGES  MUST  ALSO  BE
 SENT TO THE FORENSIC LABORATORY WHICH EMPLOYS THE LICENSE HOLDER.
   (1)  PERSONAL  SERVICE OF THE CHARGES AND HEARING NOTICE SHALL BE MADE
 BY EITHER OF THE FOLLOWING METHODS:
   (A) DELIVERY WITHIN THE STATE TO THE PERSON TO BE SERVED; OR
   (B) DELIVERY BY CERTIFIED  MAIL,  RETURN  SERVICE  REQUESTED,  TO  THE
 FORENSIC  LABORATORY  WITH  WHICH  THE  LICENSE  HOLDER REGISTERED THEIR
 EMPLOYMENT TO THE COMMISSION.
   (2) SERVICE OF CHARGES AND NOTICE  OF  HEARING  MAY  BE  MADE  UPON  A
 LICENSE HOLDER WITHIN OR OUTSIDE OF THE STATE.
   (V)  (1)  VIOLATIONS OF A MINOR OR TECHNICAL NATURE, NOT IMPACTING THE
 INTEGRITY OF THE LICENSING SCHEME OR FORENSIC TESTING MORE BROADLY,  MAY
 BE RESOLVED BY THE PROFESSIONAL CONDUCT OFFICER'S DIRECT REFERRAL OF THE
 MATTER  TO  THE COMMISSION FOR THE IMPOSITION OF AN ADMINISTRATIVE WARN-
 ING, WRITTEN REPRIMAND, WRITTEN CENSURE, AND/OR A  FINE  NOT  TO  EXCEED
 FIVE  HUNDRED  DOLLARS  FOR  EACH SPECIFICATION OF A MINOR, OR TECHNICAL
 MISCONDUCT.
 A. 3969                            17
 
   (2) DISCIPLINE BASED SOLELY ON CONVICTION OF CRIMES OR  ADMINISTRATIVE
 VIOLATION  UNDER NEW YORK STATE LAW OR FEDERAL LAW OR THE LAW OF ANOTHER
 JURISDICTION WHICH, IF COMMITTED WITHIN THIS STATE, WOULD  HAVE  CONSTI-
 TUTED  A  CRIME UNDER NEW YORK STATE LAW, MAY BE RESOLVED BY THE PROFES-
 SIONAL  CONDUCT  OFFICER'S  DIRECT  REFERRAL  TO  THE COMMISSION FOR ITS
 REVIEW AND RECOMMENDATION AS TO THE MEASURE OF DISCIPLINE TO BE IMPOSED.
   (3) DISCIPLINE BASED SOLELY ON THE LICENSE HOLDER  HAVING  BEEN  FOUND
 GUILTY OF IMPROPER PROFESSIONAL PRACTICE OR PROFESSIONAL MISCONDUCT BY A
 DULY  AUTHORIZED PROFESSIONAL DISCIPLINARY AGENCY OF ANOTHER STATE WHERE
 THE CONDUCT UPON WHICH THE FINDING WAS BASED WOULD, IF COMMITTED IN  NEW
 YORK  STATE,  CONSTITUTE  PROFESSIONAL  MISCONDUCT UNDER THE LAWS OF NEW
 YORK STATE, MAY BE RESOLVED BY THE PROFESSIONAL CONDUCT OFFICER'S DIRECT
 REFERRAL TO THE COMMISSION FOR ITS REVIEW AND RECOMMENDATION AS  TO  THE
 MEASURE OF DISCIPLINE TO BE IMPOSED.
   (VI)   CONTESTED   DISCIPLINARY  PROCEEDINGS  AND  OTHER  DISCIPLINARY
 PROCEEDINGS NOT RESOLVED PURSUANT TO SUBPARAGRAPH (V) OF THIS  PARAGRAPH
 SHALL  BE  TRIED BEFORE A HEARING PANEL OF THE COMMISSION AS PROVIDED IN
 THIS SUBPARAGRAPH.
   (1) THE COMMISSION SHALL SET THE TIME AND PLACE  OF  THE  HEARING  AND
 SHALL  PREPARE  THE NOTICE OF HEARING. THE NOTICE OF HEARING SHALL STATE
 THE TIME AND PLACE OF THE HEARING, THAT THE LICENSEE MAY FILE A  WRITTEN
 ANSWER TO THE CHARGES PRIOR TO THE HEARING, THAT THE LICENSEE MAY APPEAR
 PERSONALLY  AT  THE  HEARING AND MAY BE REPRESENTED BY COUNSEL, THAT THE
 LICENSEE SHALL HAVE THE RIGHT TO PRODUCE WITNESSES AND EVIDENCE IN THEIR
 BEHALF, TO CROSS-EXAMINE WITNESSES AND EXAMINE EVIDENCE PRODUCED AGAINST
 THEM, AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE  PROVISIONS  OF  THE
 CIVIL  PRACTICE LAW AND RULES, THAT A STENOGRAPHIC RECORD OF THE HEARING
 WILL BE MADE, AND SUCH OTHER INFORMATION AS MAY BE CONSIDERED  APPROPRI-
 ATE BY THE COMMISSION.
   (2)  (A)  A  HEARING  SHALL  BE  CONDUCTED BY A PANEL OF THREE OR MORE
 MEMBERS OF THE COMMISSION. THE CHAIR OF THE COMMISSION SHALL APPOINT THE
 PANEL AND SHALL DESIGNATE ITS EXECUTIVE SECRETARY.
   (B) IF THE CHARGES INVOLVE A QUESTION OF TECHNICAL EXPERTISE, THEN THE
 CHAIR MAY APPOINT UP TO TWO MEMBERS OF ANY OF THE THREE PERMANENT  ADVI-
 SORY COMMITTEES ESTABLISHED IN PARAGRAPH (A), (B), OR (C) OF SUBDIVISION
 TWELVE  OF  SECTION  NINE HUNDRED NINETY-FIVE-A OF THIS ARTICLE WHO HAVE
 THE RELEVANT TECHNICAL EXPERTISE TO THE HEARING PANEL.
   (C) IN ANY EVENT, THE HEARING PANEL WILL  ALWAYS  CONSIST  OF  AN  ODD
 NUMBER OF TOTAL MEMBERS.
   (D)  IN  ADDITION  TO SAID PANEL MEMBERS, THE CHAIR SHALL DESIGNATE AN
 ADMINISTRATIVE OFFICER, ADMITTED TO PRACTICE AS AN ATTORNEY IN THE STATE
 OF NEW YORK, WHO SHALL HAVE THE AUTHORITY TO RULE ON ALL MOTIONS, PROCE-
 DURES AND OTHER LEGAL OBJECTIONS AND SHALL DRAFT A  WRITTEN  REPORT  AND
 DECISION FOR THE HEARING PANEL WHICH SHALL BE SUBJECT TO THE APPROVAL OF
 AND  SIGNATURE  BY THE PANEL EXECUTIVE SECRETARY ON BEHALF OF THE PANEL.
 THE ADMINISTRATIVE OFFICER SHALL NOT BE ENTITLED TO A VOTE.
   (E) A HEARING WHICH HAS  BEEN  INITIATED  SHALL  NOT  BE  DISCONTINUED
 BECAUSE OF THE DEATH OR INCAPACITY TO SERVE OF ONE MEMBER OF THE HEARING
 PANEL.    HOWEVER,  AFTER THE COMMENCEMENT OF A HEARING, NO PANEL MEMBER
 SHALL BE REPLACED. A DETERMINATION BY THE ADMINISTRATIVE  OFFICER  OF  A
 NEED  TO  DISQUALIFY  OR  REMOVE  ANY  PANEL  MEMBER  WILL RESULT IN THE
 DISQUALIFICATION OR REMOVAL OF THE PANEL AND CAUSE A  NEW  PANEL  TO  BE
 APPOINTED.
   (3)  THE  EVIDENCE IN SUPPORT OF THE CHARGES SHALL BE PRESENTED BY THE
 PROFESSIONAL  CONDUCT  OFFICER.  THE  LICENSEE  SHALL  HAVE  THE  RIGHTS
 REQUIRED  TO  BE STATED IN THE NOTICE OF HEARING. THE PANEL SHALL NOT BE
 A. 3969                            18

 BOUND BY THE RULES OF  EVIDENCE,  BUT  ITS  AFFIRMANCE  OF  PROFESSIONAL
 MISCONDUCT  OR PROFESSIONAL NEGLIGENCE SHALL BE BASED ON A PREPONDERANCE
 OF THE EVIDENCE.
   (4) THE HEARING PANEL SHALL RENDER A WRITTEN REPORT AND DECISION WHICH
 SHALL INCLUDE  FINDINGS OF FACT,  A DETERMINATION OF GUILTY OR NOT GUIL-
 TY  ON  EACH  CHARGE, AND, IN THE EVENT OF AN AFFIRMANCE OF PROFESSIONAL
 MISCONDUCT OR PROFESSIONAL NEGLIGENCE, A RECOMMENDATION OF  THE  PENALTY
 TO  BE  IMPOSED. FOR THE PANEL TO MAKE SUCH AFFIRMANCE, A MINIMUM OF TWO
 OF THE VOTING MEMBERS OF THE PANEL MUST VOTE FOR SUCH A DETERMINATION. A
 COPY OF THE REPORT OF THE HEARING PANEL  SHALL  BE  TRANSMITTED  TO  THE
 LICENSEE.
   (VII)  (1) THE COMMISSION SHALL RECEIVE THE PROFESSIONAL CONDUCT OFFI-
 CER'S RECOMMENDATIONS PURSUANT TO THE EXPEDITED  PROCEDURES  DEFINED  IN
 SUBPARAGRAPH (V) OF THIS PARAGRAPH OR THE HEARING PANEL'S WRITTEN REPORT
 AND  DECISION  PURSUANT TO AN ADVERSARIAL HEARING AS DEFINED IN SUBPARA-
 GRAPH (VI) OF THIS PARAGRAPH.
   (2) ADDITIONALLY, ANY MEMBER OF THE COMMISSION MAY  REQUEST  THAT  THE
 COMMISSION  RECEIVE  AND  REVIEW ANY DOCUMENTARY EVIDENCE COLLECTED, ANY
 ANSWER, AFFIDAVITS OR BRIEFS SUBMITTED BY THE  LICENSE-HOLDER,  AND  ANY
 EVIDENCE  OR  SWORN  TESTIMONY  PRESENTED  BY  THE LICENSE-HOLDER OR THE
 PROFESSIONAL CONDUCT OFFICER AT THE ADVERSARIAL HEARING.
   (3) THE COMMISSION SHALL CONSIDER THE MATERIALS SUBMITTED PURSUANT  TO
 CLAUSES ONE AND TWO OF THIS SUBPARAGRAPH AND SHALL ISSUE AN ORDER ADOPT-
 ING OR REJECTING THE PROFESSIONAL CONDUCT OFFICER OR THE HEARING PANEL'S
 RECOMMENDED  FINDINGS AND DISCIPLINE OR REMITTING THE MATTER FOR FURTHER
 FACT-FINDING, CONSIDERATION, AND/OR RECONSIDERATION TO THE  PROFESSIONAL
 CONDUCT OFFICER, THE ORIGINAL HEARING PANEL, OR A NEW HEARING PANEL.
   (VIII)  THE HEARING PANEL MAY RECOMMEND, AND THE COMMISSION MAY IMPOSE
 ANY OF THE FOLLOWING DISCIPLINE:
   (1) REVOCATION OF A LICENSE HOLDER'S LICENSE;
   (2) SUSPENSION OF A LICENSE HOLDER'S LICENSE;
   (3) PLACEMENT ON PROBATION OF A PERSON WHOSE LICENSE IS SUSPENDED.  IF
 A LICENSE SUSPENSION IS PROBATED, THE COMMISSION MAY REQUIRE THE LICENSE
 HOLDER TO: I. REPORT REGULARLY TO THE COMMISSION ON MATTERS THAT ARE THE
 BASIS OF THE PROBATION; OR II. CONTINUE  OR  REVIEW  CONTINUING  PROFES-
 SIONAL  EDUCATION  UNTIL  THE  LICENSE  HOLDER ATTAINS A DEGREE OF SKILL
 SATISFACTORY TO THE COMMISSION IN THOSE AREAS THAT ARE THE BASIS OF  THE
 PROBATION; AND/OR
   (4)  ISSUANCE OF A WRITTEN CENSURE, ADMINISTRATIVE WARNING, OR WRITTEN
 REPRIMAND.
   (G) THE DISCIPLINARY DECISIONS  OF  THE  COMMISSION  MAY  BE  REVIEWED
 PURSUANT  TO  THE  PROCEEDINGS  UNDER ARTICLE SEVENTY-EIGHT OF THE CIVIL
 PRACTICE LAW AND RULES. SUCH PROCEEDINGS SHALL BE RETURNABLE BEFORE  THE
 APPELLATE  DIVISION OF THE THIRD JUDICIAL DEPARTMENT, AND SUCH DECISIONS
 SHALL NOT BE STAYED OR ENJOINED EXCEPT UPON APPLICATION TO  SUCH  APPEL-
 LATE DIVISION AFTER NOTICE TO THE COMMISSION AND TO THE ATTORNEY GENERAL
 AND  UPON  A SHOWING THAT THE PETITIONER HAS A SUBSTANTIAL LIKELIHOOD OF
 SUCCESS.
   (H) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, PERSONS WHO ASSIST THE
 DEPARTMENT AS CONSULTANTS OR EXPERT WITNESSES IN  THE  INVESTIGATION  OR
 PROSECUTION OF ALLEGED PROFESSIONAL NEGLIGENCE, PROFESSIONAL MISCONDUCT,
 LICENSURE  MATTERS,  RESTORATION  PROCEEDINGS,  OR CRIMINAL PROSECUTIONS
 BASED ON PROFESSIONAL MISCONDUCT, SHALL NOT BE LIABLE FOR DAMAGES IN ANY
 CIVIL ACTION OR PROCEEDING AS A RESULT OF SUCH ASSISTANCE,  EXCEPT  UPON
 PROOF  OF  ACTUAL MALICE. THE ATTORNEY GENERAL SHALL DEFEND SUCH PERSONS
 A. 3969                            19
 
 IN ANY SUCH ACTION OR PROCEEDING, IN ACCORDANCE WITH  SECTION  SEVENTEEN
 OF THE PUBLIC OFFICERS LAW.
   (I)  ALL  ADJUDICATED  DISCIPLINE  SHALL BE POSTED ON THE COMMISSION'S
 WEBSITE. THE FULL RECORD  OF  THE  UNDERLYING  DISCIPLINARY  PROCEEDINGS
 SHALL BE AVAILABLE UPON WRITTEN REQUEST TO THE COMMISSION. IN ALL DISCI-
 PLINARY PROCEEDINGS BROUGHT PURSUANT TO THIS SUBSECTION OR IN ANY VOLUN-
 TARY  SETTLEMENT OF A COMPLAINT BETWEEN THE LICENSEE AND THE COMMISSION,
 THE COMMISSION SHALL NOTIFY THE LICENSEE IN WRITING THAT THE RECORD  AND
 REPORTS  OF SUCH DISCIPLINARY PROCEEDING OR OF SUCH VOLUNTARY SETTLEMENT
 SHALL BE CONSIDERED MATTERS OF PUBLIC INFORMATION.
   (J) IF THE COMMISSION FINDS A laboratory director [who] HAS  knowingly
 [operates]  OPERATED  a  laboratory  without obtaining the accreditation
 required by this article, or  [who,]  with  the  intent  to  mislead  or
 deceive,  [misrepresents]  HAS  MISREPRESENTED  a  material  fact to the
 commission [or DNA subcommittee,  shall  be  subject],  ITS  ACCREDITING
 BODIES,  OR  ITS  COMMITTEES,  THE COMMISSION MAY SUBJECT THE LABORATORY
 DIRECTOR to a civil penalty not to exceed [seventy-five  hundred]  TWEN-
 TY-FIVE  THOUSAND  dollars and such other penalties as are prescribed by
 the law.
   [5.] 8. The commission and [the DNA subcommittee established  pursuant
 to subdivision thirteen of this section] ITS COMMITTEES may:
   (A)  require  and receive from any COURT, DEPARTMENT, DIVISION, BOARD,
 BUREAU, COMMISSION OR OTHER agency of the state or any political  subdi-
 vision  thereof  [such assistance and data as may be necessary to enable
 the commission or DNA subcommittee to administer the provisions of  this
 article.  The commission or DNA subcommittee may enter into such cooper-
 ative arrangements with the division of criminal justice  services,  the
 department  of  health,  and  any  other  state agency, each of which is
 authorized to enter into  such  cooperative  arrangements  as  shall  be
 necessary  or appropriate. Upon request of the commission or DNA subcom-
 mittee], OR ANY PUBLIC AUTHORITY SUCH ASSISTANCE,  INFORMATION,  RECORDS
 OR  DATA  AS  WILL  ENABLE  THE COMMISSION OR ITS COMMITTEES TO PROPERLY
 CARRY OUT ITS POWERS AND DUTIES;
   (B) REQUEST THAT AND RECEIVE FROM any state agency [may]  transfer  to
 the  commission  such  officers  and employees as the commission [or DNA
 subcommittee] may deem necessary from time to time to assist the commis-
 sion [or DNA subcommittee] in carrying out  its  functions  and  duties.
 Officers and employees so transferred shall not lose their civil service
 status  or  rights,  and  shall  remain in the negotiating unit, if any,
 established prior to such transfer; AND
   (C) EMPLOY AND REMOVE SUCH OFFICERS, INVESTIGATORS AND EMPLOYEES AS IT
 MAY DEEM NECESSARY FOR THE PERFORMANCE OF ITS POWERS AND DUTIES PURSUANT
 TO THIS ARTICLE, AND FIX THEIR  COMPENSATION  WITHIN  THE  AMOUNTS  MADE
 AVAILABLE THEREFORE.
   [6.]  9.  All  of  the commission's records, reports, assessments, and
 evaluation with respect  to  accreditation,  implementation  of  quality
 assurance standards (including proficiency testing) and monitoring ther-
 eof,  shall  be  archived  by  the  commission AND MADE AVAILABLE TO THE
 PUBLIC UPON A SIMPLE WRITTEN REQUEST, EXCEPT INSOFAR AS THE REDACTION OF
 PERSONALLY IDENTIFYING INFORMATION IS REQUIRED BY THIS STATUTE OR  OTHER
 APPLICABLE  LAW.  THE  NAMES OF FORENSIC ANALYSTS WHO HAVE BEEN FOUND TO
 HAVE COMMITTED AN ACT OF NEGLIGENCE, MISCONDUCT,  OR  INCOMPETENCE;  WHO
 HAVE BEEN SUSPENDED; OR WHO HAVE FAILED PROFICIENCY EXAMINATIONS AND THE
 FORENSIC LABORATORY WHERE THEY ARE OR WERE EMPLOYED SHALL NOT BE REDACT-
 ED.
 A. 3969                            20
 
   [7.]  10.  The  commission  and  [DNA subcommittee] ITS COMMITTEES may
 establish, appoint, and set terms of members to as many  advisory  coun-
 cils  as  it  deems  necessary  to  provide specialized expertise to the
 commission with respect to new forensic technologies including  COMPUTER
 SCIENCE, DATA SCIENCE, TECHNOLOGY AND DNA testing methodologies.
   [8.]  11.  The commission [or DNA subcommittee] shall designate one or
 more entities for the performance of proficiency tests required pursuant
 to the provisions of this  article.  IN  MAKING  SUCH  DESIGNATION,  THE
 COMMISSION  SHALL PUBLICLY CONSIDER THE DIFFICULTY, BREATH, AND DEPTH OF
 THE PROFICIENCY TESTING PROJECTS OFFERED BY THE DESIGNATED ENTITIES.
   [9.] 12. After reviewing recommendations from the division of criminal
 justice services, the commission, in consultation with [the DNA  subcom-
 mittee] ITS SCIENTIFIC ADVISORY COMMITTEE, shall promulgate a policy for
 the establishment and operation of a DNA identification index consistent
 with  the  operational  requirements and capabilities of the division of
 criminal justice services.  Such  policy  shall  address  the  following
 issues:
   (a)  the  forensic  DNA methodology or methodologies to be utilized in
 compiling the index;
   (b) procedures for assuring that the state  DNA  identification  index
 contains the following safeguards:
   (i)  that any records maintained as part of such an index are accurate
 and complete;
   (ii) that effective software and hardware designs are instituted  with
 security features to prevent unauthorized access to such records;
   (iii) that periodic audits will be conducted to ensure that no illegal
 disclosures of such records have taken place;
   (iv)  that  access  to  record  information system facilities, systems
 operating environments, data file contents whether while in use or  when
 stored in a media library is restricted to authorized personnel only;
   (v)  that  operation  programs  are  used  that will prohibit inquiry,
 record updates, or destruction of records from any source other than  an
 authorized source of inquiry, update, or destruction of records;
   (vi)  that  operational  programs are used to detect and store for the
 output of authorized employees only all unauthorized attempts  to  pene-
 trate the state DNA identification index;
   (vii)  that  adequate  and  timely procedures exist to insure that any
 subject of the state DNA identification index has the right of access to
 and review of records relating to  such  individual  contained  in  such
 index  for  the purpose of ascertaining their accuracy and completeness,
 including procedures for review of  information  maintained  about  such
 individuals and administrative review (including procedures for adminis-
 trative  appeal) and the necessary documentation to demonstrate that the
 information is inaccurate or incomplete;
   (viii) that access to the index will be granted to an  agency  author-
 ized  by this article to have such access only pursuant to a written use
 and dissemination agreement, a copy of which is filed with  the  commis-
 sion,  which  agreement sets forth the specific procedures by which such
 agency shall implement the provisions of subparagraphs (i) through (vii)
 of this paragraph,  as  applicable,  and  which  agreement  specifically
 prohibits  the  redisclosure  by such agency of any information obtained
 from the DNA identification index; and
   (ix) such policy shall provide for the mutual exchange, use and  stor-
 age of DNA records with the system of DNA identification utilized by the
 federal  bureau of investigation provided that the commission determines
 A. 3969                            21
 
 that such exchange, use and storage are consistent with  the  provisions
 of this article and applicable provisions of law.
   [10.] 13. Review, and if necessary, recommend modifications to, a plan
 for  implementation  of  the  DNA  identification index submitted by the
 commissioner of criminal  justice  services  pursuant  to  section  nine
 hundred ninety-five-c of this article.
   [11.  Upon  the  recommendation  of  the  DNA subcommittee established
 pursuant to subdivision thirteen of this section, the  commission  shall
 designate  one  or  more  approved  methodologies for the performance of
 forensic DNA testing, and shall review  and  act  upon  applications  by
 forensic DNA laboratories for approval to perform forensic DNA testing.
   12.]  14.  Promulgate standards for a determination of a match between
 the DNA records contained in the state DNA identification  index  and  a
 DNA record of a person submitted for comparison therewith.
   [13.    (a)  The commission shall establish a subcommittee on forensic
 DNA laboratories and forensic DNA testing. The chair of the subcommittee
 shall be appointed by the chair of the  commission.  The  chair  of  the
 subcommittee shall appoint six other members to the subcommittee, one of
 whom  shall  represent  the  discipline  of  molecular  biology  and  be
 appointed upon the recommendation of the commissioner of the  department
 of  health,  one  of  whom  shall represent the discipline of population
 genetics and be appointed upon the recommendation of the commissioner of
 the department of health, one of whom shall  be  representative  of  the
 discipline  of laboratory standards and quality assurance regulation and
 monitoring and be appointed upon the recommendation of the  commissioner
 of  the  department of health, one of whom shall be a forensic scientist
 and be appointed upon the recommendation  of  the  commissioner  of  the
 department  of health, one of whom shall be representative of the disci-
 pline of population genetics and be appointed upon the recommendation of
 the commissioner of criminal justice services and one of whom  shall  be
 representative  of  the  discipline of forensic science and be appointed
 upon  the  recommendation  of  the  commissioner  of  criminal   justice
 services.  Members  of  the  DNA subcommittee shall serve for three year
 terms and be subject to the conditions of service specified  in  section
 nine hundred ninety-five-a of this article.
   (b)  The  DNA subcommittee shall assess and evaluate all DNA methodol-
 ogies proposed to be used for forensic analysis, and  make  reports  and
 recommendations to the commission as it deems necessary. The DNA subcom-
 mittee shall make binding recommendations for adoption by the commission
 addressing  minimum  scientific  standards  to be utilized in conducting
 forensic DNA analysis including, but  not  limited  to,  examination  of
 specimens,  population  studies and methods employed to determine proba-
 bilities and interpret test results. The DNA subcommittee may require  a
 demonstration  by an independent laboratory of any proposed forensic DNA
 testing methodology proposed to be used by a forensic laboratory.
   (c) The  DNA  subcommittee  shall  make  binding  recommendations  for
 adoption  by  the commission with regard to an accreditation program for
 laboratories performing forensic DNA  testing  in  accordance  with  the
 provisions  of  the state administrative procedure act. Such recommenda-
 tions shall include the adoption  and  implementation  of  internal  and
 external  proficiency  testing programs, including, if possible, a blind
 external proficiency testing program for forensic laboratories  perform-
 ing  forensic  DNA  testing. The DNA subcommittee shall also provide the
 commission with a list of accepted proficiency testers.
   (d) The DNA subcommittee shall be authorized to advise the  commission
 on any other matters regarding the implementation of scientific controls
 A. 3969                            22

 and  quality  assurance  procedures  for the performance of forensic DNA
 testing, or on any other matters referred to it by the commission.]
   15. ALL FORENSIC LABORATORIES SHALL PUBLISH ON A WEBSITE ACCESSIBLE TO
 THE  PUBLIC  ALL FORENSIC TESTING METHODS THE LAB UTILIZES, THE NAMES OF
 THE TESTS, AND THE PROTOCOLS THEY UTILIZE. IN THE EVENT THAT A  FORENSIC
 LABORATORY  DOES  NOT  PUBLISH  THE  AFOREMENTIONED MATERIALS ON ITS OWN
 WEBSITE, THE LABORATORY SHALL FORWARD THE SAME  TO  THE  COMMISSION  NOT
 LATER  THAN  MARCH  THIRTIETH  OF  EACH  YEAR,  AND THE COMMISSION SHALL
 PUBLISH THE SAME ON A WEBSITE ACCESSIBLE TO  THE  PUBLIC  WITHIN  THIRTY
 DAYS. IN THE EVENT THAT A FORENSIC LABORATORY CHANGES ITS FORENSIC TEST-
 ING  METHODS, PROCEDURES, OR PROTOCOLS, THE LABORATORY SHALL PUBLISH THE
 AFOREMENTIONED MATERIALS ON ITS  WEBSITE  WITHIN  THIRTY  DAYS  OF  SUCH
 CHANGE  OR  SHALL NOTIFY THE COMMISSION WITHIN TEN DAYS OF SUCH A CHANGE
 AND THE COMMISSION SHALL HAVE THIRTY DAYS TO PUBLISH THE SAME.
   16. ALL FORENSIC ANALYST REPORTS SHOULD CLEARLY STATE: THE PURPOSE  OF
 THE EXAMINATION OR TESTING; THE METHOD AND MATERIALS USED; A DESCRIPTION
 OR  SUMMARY  OF  THE DATA OR RESULTS; ANY CONCLUSIONS DERIVED FROM THOSE
 DATA OR RESULTS; ANY DISCORDANT RESULTS OR  CONCLUSIONS;  THE  ESTIMATED
 UNCERTAINTY AND VARIABILITY IF APPLICABLE; AND POSSIBLE SOURCES OF ERROR
 AND LIMITATIONS IN THE METHOD, DATA, AND CONCLUSIONS. REPORTS SHALL ALSO
 DISCLOSE BENCH NOTES RELEVANT TO THE EXAMINATION OR TEST. THE LABORATORY
 COMPLIANCE  OFFICER SHALL MAINTAIN WRITTEN RECORDS OF DISCORDANT RESULTS
 OR CONCLUSIONS. PUBLIC LABORATORY  COMPLIANCE  OFFICERS  SHALL  DISCLOSE
 SUCH RECORDS TO THE PUBLIC UPON A SIMPLE WRITTEN REQUEST.
   17.  (A)  UPON  A  MAJORITY  VOTE,  THE COMMISSION MAY SEND A PROPOSAL
 REGARDING THE EXPANSION OF ITS JURISDICTION TO ITS COMMITTEES.
   (B) THE SCIENTIFIC ADVISORY  COMMITTEE  AND  RACIAL  EQUITY  COMMITTEE
 SHALL  REVIEW  PROPOSALS  FROM THE COMMISSION REGARDING THE EXPANSION OF
 ITS JURISDICTION AND PROVIDE THE COMMISSION WITH ITS RECOMMENDATIONS  IN
 WRITING.
   (C)  UPON A MAJORITY VOTE, THE COMMISSION MAY BUT NEED NOT HOLD PUBLIC
 HEARINGS AND RECEIVE PUBLIC COMMENTS  REGARDING  THE  EXPANSION  OF  ITS
 JURISDICTION.
   (D)  AFTER  CONSIDERING THE RECOMMENDATIONS OF THE SCIENTIFIC ADVISORY
 COMMITTEE, THE RECOMMENDATIONS  OF  THE  RACIAL  EQUITY  COMMITTEE,  AND
 PUBLIC  COMMENTS IF APPLICABLE, THE COMMISSION MAY VOTE TO SEND A RECOM-
 MENDATION TO THE LEGISLATURE TO EXPAND ITS JURISDICTION. UPON A MAJORITY
 VOTE, THE COMMISSION SHALL SEND NOTICE TO THE SENATE, THE ASSEMBLY,  THE
 GOVERNOR, AND ANY AGENCIES THAT PROVIDE THE COMMISSION WITH RESOURCES OR
 STAFF.
   §  7.  Section  995-e of the executive law, as added by chapter 737 of
 the laws of 1994, is amended to read as follows:
   § 995-e. Applicability. This article shall not  apply  to  a  forensic
 [DNA] laboratory operated by any agency of the federal government, or to
 any  forensic  [DNA]  test  performed by any such federal laboratory, OR
 CONTRACTED BY A NON-LAW ENFORCEMENT AGENCY.
   § 8. Paragraph 2 of subdivision a of section 17-208 of the administra-
 tive code of the city of New York, as added by local law  number  86  of
 the city of New York for the year 2013, is amended to read as follows:
   2.  "Proficiency  test"  shall mean such testing as is required by the
 New York state commission on forensic science [and the  New  York  state
 subcommittee  on  forensic  DNA  laboratories  and  forensic DNA testing
 pursuant to paragraph b of subdivision three of]  section  nine  hundred
 ninety-five-b  of  article  forty-nine-b of the New York state executive
 law, or any successor provision thereto.
 A. 3969                            23
 
   § 9. Subdivision 1 of section 995-c of the executive law, as added  by
 chapter 737 of the laws of 1994, is amended to read as follows:
   1.  Following  the promulgation of a policy by the commission pursuant
 to subdivision [nine] TWELVE of section nine  hundred  ninety-five-b  of
 this  article,  the commissioner of criminal justice services is author-
 ized to promulgate a plan for the establishment of a computerized  state
 DNA  identification  index  within  the  division  of  criminal  justice
 services.
   § 10. This act shall take effect on  the  one  hundred  eightieth  day
 after it shall have become a law.