CHAPTER 50

94-H 8574A

Approved Jun. 15, 1994.

AN ACT RELATING TO CRIMINAL PROCEDURE

It is enacted by the General Assembly as follows:

SECTION 1. Sections 12-1.1-6 and 12-1.1-8 of the General Laws in Chapter 12-1.1 entitled "State Crime Laboratory Commission" are hereby amended to read as follows:

{ADD 12-1.1-6. Executive secretary. -- ADD} The dean of the college of pharmacy at the University of Rhode Island shall serve as the executive secretary of the commission. {ADD The executive secretary shall oversee the administration of the state crime laboratory, including all budgetary and personnel matters, and shall provide timely reports to the commission regarding all matters pertaining to the state crime laboratory. ADD}

{ADD 12-1.1-8. Powers and duties of commission. -- ADD} The commission shall have the following powers and duties:

(1) establish goals, priorities, standards, policies, plans, programs, and budgets for the operation of the state crime laboratory;

(2) monitor the general operation of the state crime laboratory and evaluate the effectiveness of same;

(3) apply for, contract for, receive, and expend for its purposes any appropriations or grants from the state and/or its political subdivisions, the federal government, or any other source, public or private, in accordance with the appropriations process;

(4)(A) to accept funds appropriated by the general assembly, out of any money in the treasury not otherwise appropriated for effectuating the daily operation of the state crime laboratory.

(B) to accept any moneys made available through direct grants for its function and operation.

(C) to expend said sums of money for the purchase of equipment, payment of salaries, purchase of material, office supplies, and laboratory supplies. Also, labor for publishing, for the benefit of law enforcement officers in the state of Rhode Island, for scientific advances in the field of criminalistics, and, such other essentials as may be deemed necessary and expedient to the scientific criminal investigation and training of law enforcement officers and firemen in modern scientific investigative techniques and research in the field of scientific criminal investigation.

(5) recommend legislation to the governor and legislature in the field of scientific criminal investigation;

(6) provide suitable badge and appropriate commission to laboratory personnel in evidence of their authority;

(7) to establish any and all committees it deems necessary to carry out the mission of the state crime laboratory;

(8) perform such other duties as may be necessary to carry out the purposes of this chapter and chapter 1.2.

(9)(A) The commission shall submit an annual report to the governor and to the legislature concerning its work during the preceding fiscal year.

(B) Other studies, evaluation, analyses, and reports shall be submitted to the governor or the legislature as deemed appropriate or as requested.

{ADD (10) To approve or disapprove the director and all other positions of the state crime laboratory appointed by the University of Rhode Island. ADD}

SECTION 2. Sections 12-1.2-5, 12-1.2-6 and 12-1.2-7 of the General Laws in Chapter 12-1.2 entitled "State Crime Laboratory" are hereby amended to read as follows:

{DEL 12-1.2-5. Director of state crime laboratory -- Term -- Dismissal. -- DEL} {ADD 12-1.2-5. Director of state crime laboratory -- Term. -- ADD} (a) The crime laboratory shall be under the immediate supervision of a director, who shall be known as the "director -- state crime laboratory" and who shall possess a Ph.D. {ADD degree or an equivalent combination of a M.S. degree and experience ADD} in an appropriate field and who has had forensic training or experience.

(b) The director shall serve for a period of five (5) years and {ADD may ADD} be reappointed by the commission thereafter {DEL . The director shall be dismissed by the commission for due cause, provided he shall serve until a successor is appointed. DEL} {ADD to subsequent five (5) year terms. ADD}

{DEL 12-1.2-6. Candidates for director and other positions -- Selection -- Appointment. -- DEL} {ADD 12-1.2-6. Candidates for director and other positions -- Selection -- Appointment -- Dismissals. -- ADD} {ADD (a) ADD} Candidates for the position of director and all other positions of the crime laboratory {DEL shall DEL} {ADD may ADD} be recommended to the commission by the {DEL dean of college of pharmacy at the University of Rhode Island DEL} {ADD executive secretary and/or other members of the commission as well as from all other sources ADD} . {DEL The commission shall also consider the recommendation of its own members as well as the recommendations of all other sources concerning the selection and appointment of candidates for said positions. The final appointive authority for the position of director and all other positions shall be vested in the commission. DEL}

{ADD (b) The director and all other positions of the state crime laboratory shall be considered limited appointment positions of the board of governors for higher education and shall be subject to all employment policies, practices and procedures of the said board of governors for higher education and the University of Rhode Island.

(c) The appointive authority for the University of Rhode Island shall also be the appointing authority for the position of director and all other positions of the state crime laboratory subject to approval or disapproval by the commission. ADD}

{ADD 12-1.2-7. Powers and duties of director. -- ADD} (a) The director shall have general supervision over the administration of and shall enforce the provisions of this chapter. He shall recommend to the commission such rules and regulations as he may deem necessary to effectuate the provisions of this chapter, and shall be responsible for the administration of the policies established by the commission.

(b) The director shall be responsible for preparing an annual operating budget and submitting it to the dean of the college of pharmacy at URI, who will in turn submit it to the commission.

(c) The director shall collect, develop, and maintain statistical information, records, and reports {ADD as the executive secretary or ADD} as the commission may determine relevant to its functions and transmit quarterly to {ADD the executive secretary or ADD} the commission a report of the operations of the state crime laboratory for the preceding quarter.

(d) The director shall exercise all powers and perform all duties necessary and proper in carrying out his responsibilities as may be directed by {ADD the executive secretary or ADD} the commission.

{ADD (e) The director shall timely provide such records, reports or other information pertaining to the operation of the crime laboratory whenever requested by the executive secretary or the commission. ADD}

SECTION 3. This act shall take effect upon passage.



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