650.060. Accreditation of crime laboratory required, when--exceptions--rulemaking authority. - Missouri Statutes

Accreditation of crime laboratory required,when--exceptions--rulemaking authority.

650.060. 1. On or after December 31, 2012, any crime laboratoryproviding reports or testimony to a state court pertaining to a result ofthe forensic analysis of evidence shall be accredited or provisionallyaccredited by a laboratory accrediting organization approved by thedepartment of public safety.

2. This section shall not apply to testimony, results, reports, orevidence of forensic analysis produced by a crime laboratory prior toDecember 31, 2012. Such testimony, results, reports, or evidence offorensic analysis need not be performed by an accredited or provisionallyaccredited crime laboratory and may be produced or presented on behalf ofthe prosecution in a state court after December 31, 2012, as long as theforensic analysis was produced prior to such date.

3. Crime laboratories may utilize funding provided through section595.045, RSMo, to defray costs associated with applying for and maintainingaccreditation.

4. The department of public safety shall promulgate rules identifyingapproved accrediting bodies and shall establish procedures for themonitoring of crime laboratory compliance with the approved accreditingbody. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in thissection shall become effective only if it complies with and is subject toall of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and ifany of the powers vested with the general assembly pursuant to chapter 536,RSMo, to review, to delay the effective date, or to disapprove and annul arule are subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2008, shall beinvalid and void.

(L. 2008 S.B. 733)