Tag Archives: Joint Committee on Public Safety and Homeland Security

Public Hearing on Forensic Sciences Comes on the Heels of BBA Drug Lab Report

On Monday, the Boston Bar Association released its Drug Lab Task Force Report making three recommendations including a call for enhanced auditing and oversight of our state drug labs.  The next day, the Joint Committee on Public Safety and Homeland Security held a public hearing and 4 bills dealing directly with forensic sciences were on the agenda. 

All 4 bills would address some of the concerns raised in our Drug Lab Report.  S 1112, filed by Senator Brownsberger, requires all forensic sciences laboratories to be independent; establishes an oversight board; requires that all forensic sciences laboratories be accredited by an accrediting body; and establishes a forensic sciences laboratory ombudsman within the Executive Office of Public Safety and Security.  S 1122, filed by Senator Creem, is modeled off one of the recommendations in the BBA’s Getting it Right Report and establishes a forensic sciences advisory board.   S 1153 filed by Senator Moore, requires forensic service providers to be accredited.  The final bill, S 1175, filed by Senator Tarr, requires more oversight of crime labs and seeks to establish a forensic services drug laboratory oversight board within the Executive Office of Public Safety and Security. 

A lot of positive actions have been taken in the wake of mishandling of evidence at our state drug labs.  For example, the Courts worked closely with defense attorneys and prosecutors to come up with policies and procedures for dealing with these cases.  In addition, Governor Patrick appointed David Meier to oversee the central office charged with assessing the criminal cases potentially jeopardized by the mishandling of evidence.  Meier then conducted a case by case review of individuals potentially affected.  Ultimately, Control of the state drug labs was moved from the Department of Public Health to the State Police Forensic Services Group. 

We have an opportunity to really get it right within our criminal justice system.  The Executive Branch, the Courts, and all involved have taken steps in the right direction but there’s more to be done.  It’s good to see the Legislature is also thinking of solutions and we hope that these collective actions will help prevent another drug lab incident.

– Kathleen Joyce
Government Relations Director
Boston Bar Association
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Discourse and Disagreement on Guns

When lawyers talk about gun and firearm safety, they often use words and phrases like “reasonableness” “narrowly crafted,” “overbroad,” “civil rights,” “minimum mandatory sentences,” “loopholes,” and “privacy issues.”  Gun and firearm safety is neither easy nor straightforward. 

In an effort to make sense of it all, the Boston public hearing on gun control and firearm safety will be held on Friday, September 13th at 10 a.m.  The Joint Committee on Public Safety and Homeland Security has reserved Gardner Auditorium at the State House for the fourth hearing on this subject.  With 58 bills on the agenda covering the entire spectrum of issues connected to gun control laws, a large crowd is expected to turn out to testify or just listen that day.  We’ll be there too. 

The BBA is still uncertain if it will support or oppose any specific proposal.  Our own internal study group has been hard at work debating various aspects of gun control and firearm safety and its work continues as the public hearing approaches.  Our only conclusions thus far are that the BBA can add value to the debate by parsing the legal points from the political positions and the legislature expects to hear from us.

While it’s anything but simple, there are some areas where reasonable people can agree.   First, Massachusetts already has some of the strictest gun control laws in the country.  Even so, it is not clear whether any law could prevent a tragedy like the one at Sandy Hook in Newtown, Connecticut.  Second, Massachusetts gun laws need to be reformed because they are convoluted, complex, and difficult to understand, even for lawyers.  Massachusetts gun laws can be found in state statutes, case law, and even local ordinances and regulations.  Third, we need to figure out ways to keep guns away from criminals, juveniles, and those with mental health disqualifications.  Finally, any legislation needs to address public safety and privacy interests of individuals at the same time.       

Regardless of the legislature’s actions, personal firearm ownership and the ability to carry a concealed gun will remain a hotly debated topic.  Proponents of the Second Amendment’s right to bear arms will continue to feel as strongly about their rights as their opponents do about the need for tougher gun laws.  Discourse and disagreement go hand-in-hand with gun control. 

– Kathleen Joyce
Director of Government Relations
Boston Bar Association
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