§ 995-b. Powers and duties of the commission. 1. 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 and such other
personnel as the commission may determine to be necessary and
appropriate, and approval of forensic laboratories for the performance
of specific forensic 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.

In designing a system of accreditation pursuant to this article, the
commission shall evaluate other systems of accreditation.

2. The minimum standards and program of accreditation shall be
designed to accomplish the following objectives:

(a) increase and maintain the effectiveness, efficiency, reliability,
and accuracy of forensic laboratories, including forensic DNA
laboratories;

(b) ensure that forensic analyses, including forensic DNA testing, are
performed in accordance with the highest scientific standards
practicable;

(c) promote increased cooperation and coordination among forensic
laboratories and other agencies in the criminal justice system;

(d) 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

(e) set forth minimum requirements for the quality and maintenance of
equipment.

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
binding recommendations of the DNA subcommittee made pursuant to this
article, 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
binding 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. The program of forensic laboratory accreditation shall include, at
a minimum, the following requirements:

(a) an initial laboratory inspection, and routine inspections, as
necessary, to ensure compliance with accreditation requirements;

(b) routine internal and external proficiency testing of all
laboratory personnel involved in forensic analysis, 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 whether 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;

(c) quality control and quality assurance protocols, a method
validation procedure and a corrective action and remedial program;

(d) 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) 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
recommendation of the DNA subcommittee, that the laboratory or one or
more persons in its employ:

(i) is guilty of misrepresentation in obtaining a forensic laboratory
accreditation;

(ii) rendered a report on laboratory work actually performed in
another forensic laboratory without disclosing the fact that the
examination or procedure was performed by such other forensic
laboratory;

(iii) showed a pattern of excessive errors in the performance of
forensic laboratory examination procedures;

(iv) failed to file any report required to be submitted pursuant to
this article or the rules and regulations promulgated pursuant thereto;
or

(v) violated in a material respect any provision of this article or
the rules and regulations promulgated pursuant thereto; and

(f) 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 laboratory director who knowingly operates a laboratory without
obtaining the accreditation required by this article, or who, with the
intent to mislead or deceive, misrepresents a material fact to the
commission or DNA subcommittee, shall be subject to a civil penalty not
to exceed seventy-five hundred dollars and such other penalties as are
prescribed by the law.

5. The commission and the DNA subcommittee established pursuant to
subdivision thirteen of this section may require and receive from any
agency of the state or any political subdivision 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 cooperative
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
subcommittee, 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 commission 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.

6. All of the commission's records, reports, assessments, and
evaluation with respect to accreditation, implementation of quality
assurance standards (including proficiency testing) and monitoring
thereof, shall be archived by the commission.

7. The commission and DNA subcommittee may establish, appoint, and set
terms of members to as many advisory councils as it deems necessary to
provide specialized expertise to the commission with respect to new
forensic technologies including DNA testing methodologies.

8. 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.

9. After reviewing recommendations from the division of criminal
justice services, the commission, in consultation with the DNA
subcommittee, 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
penetrate 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
administrative 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
authorized by this article to have such access only pursuant to a
written use and dissemination agreement, a copy of which is filed with
the commission, 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
storage of DNA records with the system of DNA identification utilized by
the federal bureau of investigation provided that the commission
determines that such exchange, use and storage are consistent with the
provisions of this article and applicable provisions of law.

10. 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. 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
discipline 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
methodologies proposed to be used for forensic analysis, and make
reports and recommendations to the commission as it deems necessary. The
DNA subcommittee 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 probabilities 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
recommendations 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 performing 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
and quality assurance procedures for the performance of forensic DNA
testing, or on any other matters referred to it by the commission.