Bill Summary for H 27 (2011-2012)

Summary date: 

Feb 9 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 27 (Public) Filed Tuesday, February 1, 2011
TO (1) CREATE THE NORTH CAROLINA FORENSIC SCIENCE ADVISORY BOARD, (2) ENCOURAGE EFFORTS TO ELIMINATE SOURCES OF HUMAN ERROR IN FORENSIC EXAMINATIONS, (3) REQUIRE CERTIFICATION OF FORENSIC SCIENCE PROFESSIONALS, (4) RENAME THE STATE BUREAU OF INVESTIGATION LABORATORY AS THE NORTH CAROLINA STATE CRIME LABORATORY, (5) CREATE THE POSITION OF OMBUDSMAN TO ENSURE THAT THE BEST FORENSIC PROCESSES AND PROCEDURES ARE UTILIZED IN THE STATE CRIME LABORATORY, (6) CLARIFY STATUTES THAT ALLOW FOR THE ADMISSIBILITY OF FORENSIC ANALYSES INTO EVIDENCE, (7) CLARIFY THE STATE'S OBLIGATION TO DISCLOSE TO THE DEFENDANT ALL INFORMATION RELATING TO THE TESTING OR EXAMINATION OF EVIDENCE AND TO PENALIZE OMISSION OR MISREPRESENTATION RELATING TO DISCLOSURE, AND (8) CLARIFY THAT STATE CRIME LABORATORY PERSONNEL SERVE THE PUBLIC AND THE CRIMINAL JUSTICE SYSTEM, AS RECOMMENDED BY THE JOINT SELECT COMMITTEE ON THE PRESERVATION OF BIOLOGICAL EVIDENCE, AND TO PROVIDE THAT THE ACT SHALL BE ENTITLED "THE FORENSIC SCIENCES ACT OF 2011.”
Intro. by Glazier, Stam, Michaux, Jackson.

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Bill summary

House committee substitute makes the following changes to 1st edition.
Requires the funds for the ombudsman created in Section 6 of the act be provided by the Department of Justice from other funds appropriated to the department and from other grants or funding available from other sources. Amends proposed GS 15A-903(d) to specify that a willful (was, knowing and voluntary) omission or misrepresentation by any person required to disclose information to a defendant constitutes an obstruction of justice and is punishable as provided by law. Makes technical changes.

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