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2007 Vetoed Bills and Messages
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H.B. 879
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OFFER OR PERFORM TESTS THAT A LICENSE SETS FORTH, IF THE FORENSIC
LABORATORY OR ITS DIRECTOR OR OTHER PERSONNEL FAIL TO MEET THE
STANDARDS AND REQUIREMENTS OF THIS SUBTITLE OR REGULATIONS
ADOPTED UNDER THIS SUBTITLE.
(B) IF THE SECRETARY FINDS THAT A FORENSIC LABORATORY ISSUED A
LICENSE UNDER THIS SUBTITLE NO LONGER MEETS THE STANDARDS AND
REQUIREMENTS OF THIS SUBTITLE OR REGULATIONS ADOPTED UNDER THIS
SUBTITLE AND THE SECRETARY DOES NOT SUSPEND OR REVOKE THE
LABORATORY'S LICENSE, THE SECRETARY:
(1) SHALL IMPOSE A DIRECTED PLAN OF CORRECTION;
(2) REGULARLY SHALL INSPECT THE LABORATORY TO ASSURE
COMPLIANCE WITH THE DIRECTED PLAN OF CORRECTION; AND
(3) MAY LIMIT THE TESTING AUTHORIZED BY THE LICENSE.
(C) IF THE SECRETARY FINDS THAT A LABORATORY THAT WAS ISSUED A
LICENSE UNDER THIS SUBTITLE NO LONGER MEETS THE STANDARDS AND
REQUIREMENTS OF THIS SUBTITLE OR REGULATIONS ADOPTED UNDER THIS
SUBTITLE, THE SECRETARY SHALL UNDERTAKE A DUE DILIGENCE REVIEW OF
THE LABORATORY TO IDENTIFY ERRONEOUS OR QUESTIONABLE REPORTS,
ANALYSES, EXAMINATIONS, OR TEST RESULTS.
(D) IF THE SECRETARY FINDS THAT A FORENSIC LABORATORY
PROVIDED ERRONEOUS OR QUESTIONABLE REPORTS, ANALYSES,
EXAMINATIONS, OR TEST RESULTS, THE SECRETARY SHALL ORDER THE
LABORATORY TO:
(1) PROVIDE WRITTEN NOTIFICATION OF THE ERRONEOUS OR
QUESTIONABLE TEST RESULTS TO:
(I) THE PERSON OR AGENCY THAT ORDERED THE TESTS;
(II) THE RELEVANT PROSECUTING AUTHORITY;
(III) THE SUSPECT OR DEFENDANT AFFECTED BY THE
ERRONEOUS OR QUESTIONABLE TEST RESULTS;
(IV) THE COUNSEL OF RECORD FOR THE SUSPECT OR
DEFENDANT AFFECTED BY THE ERRONEOUS OR QUESTIONABLE TEST RESULTS;
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- 4770 -
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