Substitute House Bill No. 6791

Public Act No. 99-218

An Act Concerning the Transfer of the Department of Health Toxicology Lab to the Department of Public Safety Division of Scientific Services.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 29-7b of the general statutes is repealed and the following is substituted in lieu thereof:

[(a) The unit in the Division of State Police within the Department of Public Safety known as the State Police Forensic Science Laboratory shall be maintained and operated to]

(a) There shall be within the Department of Public Safety a Division of Scientific Services. The Commissioner of Public Safety shall serve as administrative head of such division, and may delegate jurisdiction over the affairs of such division to a deputy commissioner.

(b) The Division of Scientific Services shall provide technical assistance to law enforcement agencies in the various areas of scientific investigation. [The laboratory] The division shall maintain facilities and services for the examination and analysis of evidentiary materials in areas including, but not limited to, chemistry, arson, firearms, questioned documents, microscopy, serology, toxicology, trace evidence, latent fingerprints, impressions and other similar technology. The facilities, services and personnel of the division shall be available, without charge, to the Office of the Chief Medical Examiner and all duly constituted prosecuting, police and investigating agencies of the state.

[(b)] (c) The [laboratory] Division of Scientific Services: (1) May investigate any physical evidence or evidentiary material related to a crime upon the request of any federal, state or local agency, (2) may conduct or assist in the scientific field investigation at the scene of a crime and provide other technical assistance and training in the various fields of scientific criminal investigation upon request, (3) shall assure the safe custody of evidence during examination, (4) shall forward a written report of the results of an examination of evidence to the agency submitting such evidence, (5) shall render expert court testimony when requested, and (6) shall conduct ongoing research in the areas of the forensic sciences. The [laboratory head] Commissioner of Public Safety or a deputy commissioner designated by the commissioner shall be in charge of [laboratory] the Division of Scientific Services operations and shall establish and maintain a system of case priorities and a procedure for submission of evidence and evidentiary security.

(d) In accordance with the provisions of sections 4-38d, 4-38e and 4-39, all powers and duties of the Department of Public Health under the provisions of sections 14-227a, 14-227c, 15-140u and 21a-283 shall be transferred to the Division of Scientific Services within the Department of Public Safety.

Sec. 2. Subsection (a) of section 29-1b of the general statutes is repealed and the following is substituted in lieu thereof:

(a) There shall be a Department of Public Safety. The department head shall be the Commissioner of Public Safety, who shall be appointed by the Governor in accordance with the provisions of sections 4-5, 4-6, 4-7 and 4-8 with the powers and duties therein prescribed. The commissioner shall be the chief administrative officer of the department and shall have the responsibility for providing a coordinated, integrated program for the protection of life and property. The commissioner may appoint not more than [two] three deputy commissioners of public safety, who shall, under the direction of the commissioner, assist in the administration of the department.

Sec. 3. Subsection (c) of section 14-227a of the general statutes is repealed and the following is substituted in lieu thereof:

(c) Except as provided in subsection (d) of this section, in any criminal prosecution for violation of subsection (a) or (b) of this section, evidence respecting the amount of alcohol or drug in the defendant's blood or urine at the time of the alleged offense, as shown by a chemical analysis of the defendant's breath, blood or urine shall be admissible and competent provided: (1) The defendant was afforded a reasonable opportunity to telephone an attorney prior to the performance of the test and consented to the taking of the test upon which such analysis is made; (2) a true copy of the report of the test result was mailed to or personally delivered to the defendant within twenty-four hours or by the end of the next regular business day, after such result was known, whichever is later; (3) the test was performed by or at the direction of a police officer according to methods and with equipment approved by the Department of Public [Health] Safety and was performed by a person certified or recertified for such purpose by said department or recertified by persons certified as instructors by the Commissioner of Public [Health] Safety. If a blood test is taken, it shall be on a blood sample taken by a person licensed to practice medicine and surgery in this state, a phlebotomist, a qualified laboratory technician, an emergency medical technician II or a registered nurse; (4) the device used for such test was checked for accuracy immediately before and after such test was performed by a person certified by the Department of Public [Health] Safety; (5) an additional chemical test of the same type was performed at least thirty minutes after the initial test was performed or, if requested by the police officer for reasonable cause, an additional chemical test of a different type was performed to detect the presence of a drug or drugs other than or in addition to alcohol, provided the results of the initial test shall not be inadmissible under this subsection if reasonable efforts were made to have such additional test performed in accordance with the conditions set forth in this subsection and such additional test was not performed or was not performed within a reasonable time, or the results of such additional test are not admissible for failure to meet a condition set forth in this subsection; and (6) evidence is presented that the test was commenced within two hours of operation. In any prosecution under this section it shall be a rebuttable presumption that the results of such chemical analysis establish the ratio of alcohol in the blood of the defendant at the time of the alleged offense, except that if the results of the additional test indicate that the ratio of alcohol in the blood of such defendant is twelve-hundredths of one per cent or less of alcohol, by weight, and is higher than the results of the first test, evidence shall be presented that demonstrates that the test results and the analysis thereof accurately indicate the blood alcohol content at the time of the alleged offense.

Sec. 4. Subsection (e) of section 14-227a of the general statutes is repealed and the following is substituted in lieu thereof:

(e) The Commissioner of Public [Health] Safety shall ascertain the reliability of each method and type of device offered for chemical testing purposes of blood, of breath and of urine and certify those methods and types which [he] such commissioner finds suitable for use in testing blood, in testing breath and in testing urine in this state. [He] The Commissioner of Public Safety shall adopt regulations, in accordance with chapter 54, governing the conduct of chemical tests, the operation and use of chemical test devices and the training, certification and annual recertification of operators of such devices as [he finds] are found necessary to protect the health and safety of persons who submit to chemical tests and to insure reasonable accuracy in testing results. Such regulations shall not require recertification of a police officer solely because such officer terminates [his] employment with the law enforcement agency for which certification was originally issued and commences employment with another such agency.

Sec. 5. Section 14-227c of the general statutes is repealed and the following is substituted in lieu thereof:

As part of the investigation of any motor vehicle accident resulting in a fatality, the Chief Medical Examiner, Deputy Chief Medical Examiner, an associate medical examiner, a pathologist as specified in section 19a-405, or an authorized assistant medical examiner, as the case may be, shall order that a blood sample be taken from the body of any operator or pedestrian who dies as a result of such accident. Such blood samples shall be examined for the presence and concentration of alcohol by the [toxicological laboratory of the Department of Public Health] Division of Scientific Services within the Department of Public Safety or by the Office of the Chief Medical Examiner. To the extent provided by law, a blood or breath sample may also be obtained from any surviving operator whose motor vehicle is involved in such an accident. The test shall be performed by or at the direction of a police officer according to methods and with equipment approved by the Department of Public [Health] Safety and shall be performed by a person certified or recertified for such purpose by said department or recertified by persons certified as instructors by the Commissioner of Public [Health] Safety. The equipment used for such test shall be checked for accuracy by a person certified by the Department of Public [Health] Safety immediately before and after such test is performed. If a blood test is performed, it shall be on a blood sample taken by a person licensed to practice medicine and surgery in this state, a qualified laboratory technician, an emergency medical technician II, a registered nurse or a phlebotomist, as defined in subsection (m) of section 14-227b. The blood samples obtained from the surviving operator shall be examined for the presence and concentration of alcohol by the [toxicological laboratory of the Department of Public Health] Division of Scientific Services within the Department of Public Safety. Nothing in this section or section 19a-406 shall be construed as requiring such medical examiner to perform an autopsy in connection with obtaining such blood samples.

Sec. 6. Section 15-140u of the general statutes is repealed and the following is substituted in lieu thereof:

As part of the investigation of any boating accident resulting in a fatality, the Chief Medical Examiner or a deputy medical examiner, an associate medical examiner or a pathologist appointed pursuant to section 19a-405, or an authorized assistant medical examiner, shall order that a blood sample be taken from the body of any person who dies as a result of such accident. Such blood samples shall be examined for the presence and concentration of alcohol by the [toxicological laboratory of the Department of Public Health] Division of Scientific Services within the Department of Public Safety or by the Office of the Chief Medical Examiner. To the extent provided by law, a blood or breath sample may also be obtained from any surviving operator of any vessel involved in such an accident. The blood samples obtained from the surviving operator shall be examined for the presence and concentration of alcohol and drugs by the [toxicological laboratory of] Division of Scientific Services within the Department of Public [Health] Safety or by the Office of the Chief Medical Examiner. The results from the examination of such samples shall be forwarded to the Commissioner of Environmental Protection. Nothing in this section or section 19a-406 shall be construed as requiring such medical examiner to perform an autopsy in connection with obtaining such blood samples.

Sec. 7. Section 19a-112a of the general statutes is repealed and the following is substituted in lieu thereof:

(a) There is created a Commission on the Standardization of the Collection of Evidence in Sexual Assault Investigations composed of fourteen members as follows: The Chief State's Attorney or [his] a designee; the executive director of the Permanent Commission on the Status of Women or [her] a designee; [the Commissioner of Public Health or his designee;] the Commissioner of Children and Families or [his] a designee; one member from the Division of State Police and one member from the [state police forensic science laboratory] Division of Scientific Services appointed by the Commissioner of Public Safety; one member from Connecticut Sexual Assault Crisis Services, Inc. appointed by its board of directors; one member from the Connecticut Hospital Association appointed by the president of the association; one emergency physician appointed by the president of the Connecticut College of Emergency Physicians; one obstetrician-gynecologist and one pediatrician appointed by the president of the Connecticut State Medical Society; one nurse appointed by the president of the Connecticut Nurses' Association; one emergency nurse appointed by the president of the Emergency Nurses' Association of Connecticut; and one police chief appointed by the president of the Connecticut Police Chiefs Association. The Chief State's Attorney or [his] a designee shall be chairman of the commission. The commission shall be within the Division of Criminal Justice for administrative purposes only.

(b) For purposes of this section "protocol" means the state of Connecticut health care facility protocol for victims of sexual assault which shall consist of regulations adopted in accordance with this subsection pertaining to the collection of evidence in any sex offense crime. The commission shall recommend the protocol to the Chief State's Attorney for adoption as regulations in accordance with the provisions of chapter 54. Said regulations shall be adopted not later than July 31, 1997. The commission shall annually review the protocol and may annually recommend changes to the protocol for adoption as regulations.

(c) The commission shall design a sexual assault evidence collection kit and may annually recommend changes in the kit to the Chief State's Attorney. Each kit shall include instructions on the proper use of the kit, standardized reporting forms, standardized tests which shall be performed if the victim so consents and standardized receptacles for the collection and preservation of evidence. The commission shall provide the kits to all health care facilities in the state at which evidence collection examinations are performed at no cost to such health care facilities.

(d) Each health care facility in the state which provides for the collection of sexual assault evidence shall follow the protocol as described in subsection (b) of this section and, with the consent of the victim, shall collect sexual assault evidence. The health care facility shall contact a police department which shall transfer evidence collected pursuant to subsection (b) of this section, in a manner that maintains the integrity of the evidence, to the [state police forensic science laboratory, the Department of Public Health toxicology laboratory] Division of Scientific Services within the Department of Public Safety or the Federal Bureau of Investigation laboratory. The [laboratory] agency that receives such evidence shall hold that evidence for sixty days after such collection, except that, if the victim reports the sexual assault to the police, the evidence shall be analyzed upon request of the police department that transferred the evidence to such [laboratory] agency and held by the [laboratory] agency or police department until the conclusion of any criminal proceedings.

(e) No costs incurred by a health care facility for the examination of the victim of sexual assault, when such an examination is performed for the purposes of gathering evidence as prescribed in the protocol described in subsection (b) of this section, shall be charged directly or indirectly to the victim of such assault. Any such cost shall be charged to the Division of Criminal Justice.

(f) The commission shall advise the Chief State's Attorney on the establishment of a mandatory training program for health care facility staff regarding the implementation of the regulations, the use of the evidence collection kit and procedures for handling evidence.

(g) The commission shall advise the Chief State's Attorney not later than July 1, 1997, on the development of a sexual assault examiner program and annually thereafter on the implementation and effectiveness of such program.

Sec. 8. Section 21a-283 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The [chief toxicologist of the Department of Public Health] Division of Scientific Services within the Department of Public Safety shall have primary responsibility for analysis of materials believed to contain controlled drugs, or of blood or urine believed to contain alcohol, for purposes of criminal prosecutions pursuant to this chapter; provided nothing herein shall be construed to preclude the use for such analyses of the services of other qualified toxicologists, pathologists and chemists, whether employed by the state or a municipality or a private facility or engaged in private practice, if such toxicologists, pathologists and chemists are engaged in operation of or employed by laboratories licensed by the Commissioner of Public Health or the Commissioner of Consumer Protection pursuant to section 21a-246. A laboratory of the United States Bureau of Narcotics is not required to be licensed under this section if it is approved by the [chief toxicologist] Division of Scientific Services within the Department of Public Safety.

(b) The [chief toxicologist] Division of Scientific Services within the Department of Public Safety shall establish the standards for analytical tests to be conducted with respect to controlled drugs, or with respect to body fluids believed to contain alcohol, by qualified professional toxicologists and chemists operating [at his] under the division's direction and shall have the general responsibility for supervising such analytical personnel in the performance of such tests. The original report of an analysis made by such analytical personnel of the [Department of Public Health] Division of Scientific Services or by a qualified toxicologist, pathologist or chemist of a laboratory of the United States Bureau of Narcotics shall be signed and dated by the analyst actually conducting the tests and shall state the nature of the analytical tests or procedures, the identification and number of samples tested and the results of the analytical tests. A copy of such report certified by the analyst shall be received in any court of this state as competent evidence of the matters and facts therein contained at any hearing in probable cause, pretrial hearing or trial. If such copy is to be offered in evidence at a trial, the attorney for the state shall send a copy thereof, by certified mail, to the attorney of the defendant who has filed an appearance of record or, if there is no such attorney, to the defendant if such defendant has filed an appearance pro se, and such attorney or defendant, as the case may be, shall, within five days of the receipt of such copy, notify the attorney for the state, in writing, if [he] such attorney or defendant intends to contest the introduction of such certified copy. No such trial shall commence until the expiration of such five-day period and, if such intention to contest has been filed, the usual rules of evidence shall obtain at such trial.

(c) In the case of any person charged with a violation of any provision of sections 21a-243 to 21a-279, inclusive, who has been previously convicted of a violation of the laws of the United States or of any other state, territory or the District of Columbia, relating to controlled drugs, such previous conviction shall, for the purpose of sections 21a-277 and 21a-279, be deemed a prior offense.

(d) In addition to any fine, fee or cost that may be imposed pursuant to any provision of the general statutes, the court shall impose a cost of fifty dollars upon any person convicted of a violation of this chapter if an analysis of a controlled substance in relation to the conviction was performed by or at the direction of the chief toxicologist of the Department of Public Health or the Division of Scientific Services within the Department of Public Safety. Any cost imposed under this subsection shall be credited to the appropriation for the Department of Public [Health] Safety and shall not be diverted for any other purpose than the provision of funds for the [chief toxicologist] Division of Scientific Services.

Sec. 9. Subsection (d) of section 54-86k of the general statutes is repealed and the following is substituted in lieu thereof:

(d) No blood sample submitted to the [State Police Forensic Science Laboratory] Division of Scientific Services within the Department of Public Safety for analysis and use as provided in this section and no results of the analysis performed shall be included in the DNA data bank established by the [laboratory] division pursuant to section 54-102j, as amended by this act, or otherwise used in any way with identifying information on the person whose sample was submitted.

Sec. 10. Subsection (d) of section 54-102g of the general statutes is repealed and the following is substituted in lieu thereof:

(d) The analysis shall be performed by the [State Police Forensic Science Laboratory] Division of Scientific Services within the Department of Public Safety. The identification characteristics of the profile resulting from the DNA analysis shall be stored and maintained by the [laboratory] division in a DNA data bank and shall be made available only as provided in section 54-102j, as amended by this act.

Sec. 11. Subsection (b) of section 54-102h of the general statutes is repealed and the following is substituted in lieu thereof:

(b) Chemically clean sterile disposable needles and vacuum draw tubes shall be used for all samples. The tube shall be sealed and labeled with the subject's name, social security number, date of birth, race and gender, the name of the person collecting the sample, and the date and place of collection. The tubes shall be secured to prevent tampering with the contents. The steps set forth in this section relating to the taking, handling, identification and disposition of blood samples are procedural and not substantive. Substantial compliance therewith shall be deemed to be sufficient. The samples shall be transported to the [State Police Forensic Science Laboratory] Division of Scientific Services within the Department of Public Safety not more than fifteen days following withdrawal and shall be analyzed and stored in the DNA data bank in accordance with sections 54-102i, as amended by this act, and 54-102j, as amended by this act.

Sec. 12. Section 54-102i of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Whether or not the results of an analysis are to be included in the data bank, the [State Police Forensic Science Laboratory] Division of Scientific Services within the Department of Public Safety shall conduct the DNA analysis in accordance with procedures adopted by the [laboratory] division to determine identification characteristics specific to the individual whose sample is being analyzed. Such procedures shall conform to nationally recognized and accepted standards for DNA analysis. The [director or his] Commissioner of Public Safety or the commissioner's designee shall complete and maintain on file a form indicating the name of the person whose sample is to be analyzed, the date and by whom the blood sample was received and examined, and a statement that the seal on the tube had not been broken or otherwise tampered with. The remainder of a blood sample submitted for analysis and inclusion in the data bank pursuant to section 54-102g, as amended by this act, may be divided, labeled as provided for the original sample, and securely stored by the [laboratory] division in accordance with specific procedures set forth in regulations adopted by the Department of Public Safety in accordance with the provisions of chapter 54 to ensure the integrity and confidentiality of the samples. All or part of the remainder of that sample may be used only (1) to create a statistical data base provided no identifying information on the individual whose sample is being analyzed is included or (2) for retesting by the [laboratory] division to validate or update the original analysis.

(b) The [laboratory] division shall initiate a DNA testing process not later than forty-five days after the receipt of a blood sample that has been submitted for analysis. A report of the results of a DNA analysis conducted by the [laboratory] division as authorized, including the profile and identifying information, shall be made and maintained at the [laboratory] division. A certificate and the results of the analysis shall be admissible in any court as evidence of the facts therein stated. Except as specifically provided in this section and section 54-102j, as amended by this act, the results of the analysis shall be securely stored and shall remain confidential.

Sec. 13. Section 54-102j of the general statutes is repealed and the following is substituted in lieu thereof:

(a) It shall be the duty of the [State Police Forensic Science Laboratory] Division of Scientific Services within the Department of Public Safety to receive blood samples and to analyze, classify and file the results of DNA identification characteristics profiles of blood samples submitted pursuant to section 54-102g, as amended by this act, and to make such information available as provided in this section. The results of an analysis and comparison of the identification characteristics from two or more blood or other biological samples shall be made available directly to federal, state and local law enforcement officers upon request made in furtherance of an official investigation of any criminal offense. A request may be made by personal contact, mail or electronic means. The name of the person making the request and the purpose for which the information is requested shall be maintained on file with the [laboratory] division.

(b) Upon [his request] the request of any person identified and charged with an offense as the result of a search of information in the data bank, a copy of the request for a search shall be furnished to [any person] such person so identified and charged. [with an offense as the result of a search of information in the data bank.] Only when a sample or DNA profile supplied by the person making the request satisfactorily matches a profile in the data bank shall the existence of data in the data bank be confirmed or identifying information from the data bank be disseminated.

(c) The Department of Public Safety shall adopt regulations in accordance with the provisions of chapter 54 governing (1) the methods of obtaining information from the data bank in accordance with this section and (2) procedures for verification of the identity and authority of the person making the request. The department shall specify the positions in that agency which require regular access to the data bank and samples submitted as a necessary function of the job.

(d) The [State Police Forensic Science Laboratory] Division of Scientific Services shall create a separate statistical data base comprised of DNA profiles of blood samples of persons whose identity is unknown. Nothing in this section or section 54-102k, as amended by this act, shall prohibit the [forensic science laboratory] Division of Scientific Services from sharing or otherwise disseminating the information in the statistical data base with law enforcement or criminal justice agencies within or without the state.

(e) The [forensic science laboratory] Division of Scientific Services may charge a reasonable fee to search and provide a comparative analysis of DNA profiles in the data bank to any authorized law enforcement agency outside of the state.

Sec. 14. Section 54-102k of the general statutes is repealed and the following is substituted in lieu thereof:

Any person who, without authority, disseminates information contained in the data bank shall be guilty of a class C misdemeanor. Any person who disseminates, receives or otherwise uses or attempts to so use information in the data bank, knowing that such dissemination, receipt or use is for a purpose other than as authorized by law, shall be guilty of a class A misdemeanor. Except as authorized by law, any person who, for purposes of having a DNA analysis performed, obtains or attempts to obtain any sample submitted to the [forensic science laboratory] Division of Scientific Services for analysis shall be guilty of a class D felony.

Sec. 15. (a) Section 19a-28 of the general statutes is repealed.

(b) In codifying the provisions of this act, the Legislative Commissioners shall delete the reference to section 19a-28 that appears in section 19a-1c of the general statutes.

Sec. 16. This act shall take effect July 1, 1999.

Approved June 29, 1999

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