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September 09, 2013

Ranking Member Johnson Introduces Forensic Science Legislation

(Washington, DC) - Today, Ranking Member Eddie Bernice Johnson (D-TX) introduced H.R. 3064, the Forensic Science and Standards Act of 2013.  The bill is similar to legislation introduced by Ms. Johnson and Senator Jay Rockefeller last Congress. 

The legislation aims to help prevent wrongful convictions by bringing reliable, science-based standards to forensic evidence. There are concerns that many criminal justice proceedings use evidence developed through flawed forensic work.  This bill would strengthen forensic science and standards, yielding evidence that judges, prosecutors, defendants, and juries can fully trust.

 “We have all heard the heartbreaking stories of men and women who have spent years, sometimes decades in prison for a crime they did not commit.  These wrongful convictions take a profound human toll on innocent men and women and their families and mar the reputation of our justice system. More and more, it is forensic evidence that is used to send people to prison, and in some cases to death row,” said Ms. Johnson.

She added, “To help ensure that justice is served, we need law enforcement and forensic practitioners to work alongside scientists.  We need to be certain that the evidence being used is based on sound science so that the right people are sent away.  H.R. 3064 helps to achieve this by making sure our research agencies, including NSF and NIST, are well-positioned to bring the science into forensic science.”

The National Academy of Sciences, the Innocence Project, the Washington Post, and the National Association of Criminal Defense Lawyers have all called for strengthened forensic science and standards. 

“America’s courtrooms have relied upon forensic practices that have not yet been scientific validated, resulting in countless wrongful convictions and missed opportunities to capture the real perpetrators of crimes,” said Peter Neufeld, Co-Director of the Innocence Project, which is affiliated with Cardozo School of Law.  “The bill that Rep. Johnson introduced today will help ensure that forensic practices will be improved through strong scientific research.”  

Rep. Marc Veasey (D-TX) is an original cosponsor of the bill.  He said, “I’m proud to be a cosponsor of H.R. 3064.  My home state of Texas has seen many convictions overturned in recent years.  It is a double tragedy when a person is sent to prison for a crime he didn’t commit – it ruins his life and allows the guilty to go free.  We must ensure that the forensic evidence being used is based on sound science and this bill will help do that.”   

The Forensic Science and Standards Act of 2013 would:

·         Require standards development: The National Institute of Standards and Technology (NIST) would be directed to develop forensic science standards, in consultation with standards development organizations and other stakeholders. NIST could establish and solicit advice from discipline-specific expert working groups to identify standards development priorities and opportunities.

·         Implement uniform standards: A Forensic Science Advisory Committee, chaired by the Director of NIST and the Attorney General, would be established to implement new science-based standards. The Advisory Committee, comprised of research scientists, forensic science practitioners, and members of the legal and law enforcement communities, would make recommendations to the Attorney General on adoption of standards. The Attorney General would direct the standards’ implementation in Federal forensic science laboratories and would encourage adoption in non-Federal laboratories as a condition of Federal funding or for inclusion in national databases.

·         Promote research: The bill would establish a National Forensic Science Coordinating Office, housed at the NIST, to develop a research strategy and roadmap and to support the implementation of that roadmap across relevant Federal agencies.  In addition, the bill would require the National Science Foundation (NSF) to award funding in areas specifically identified by the research strategy, including through support for forensic science research centers to conduct research, build relationships with forensic practitioners, and educate students. All agencies with equities in forensic science would be encouraged to stimulate innovative and creative solutions to satisfy the research needs and priorities identified in the research strategy.

You can view H.R. 3064 here.