CLARIFY REPORT ADMISSIBILITY.

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View NCGA Bill Details2015-2016 Session
House Bill 59 (Public) Filed Thursday, February 5, 2015
AN ACT TO CLARIFY THE ADMISSIBILITY OF REPORTS OF FORENSIC AND CHEMICAL ANALYSIS AND TO EXEMPT CERTAIN EX PARTE HEARINGS FROM REPORTING REQUIREMENTS.
Intro. by Faircloth, Stam, Glazier.
Status: Ch. SL 2015-173 (House Action) (Jul 31 2015)

SOG comments (1):

Long title change

Submitted by jhenders@sog.unc.edu on

Senate committee substitute to the 2nd edition changed the long title. Original long title was AN ACT TO CLARIFY THE ADMISSIBILITY OF REPORTS OF FORENSIC AND CHEMICAL ANALYSIS.

Bill History:

H 59/S.L. 2015-173

Bill Summaries:

  • Bill H 59 (2015-2016)
    Summary date: Aug 4 2015 - View Summary

    AN ACT TO CLARIFY THE ADMISSIBILITY OF REPORTS OF FORENSIC AND CHEMICAL ANALYSIS AND TO EXEMPT CERTAIN EX PARTE HEARINGS FROM REPORTING REQUIREMENTS. Enacted July 31, 2015. Effective July 31, 2015.

    Courts/Judiciary, Criminal Justice, Criminal Law and Procedure
    GS 7A, GS 8, GS 15A, GS 20, GS 90
  • Bill H 59 (2015-2016)
    Summary date: Jul 21 2015 - View Summary

    Senate committee substitute makes the following changes to the 2nd edition.

    Amends the long title.

    Amends GS 7A-198(e) to provide that court reporting will not be provided in ex parte hearings before a judge pursuant to GS Chapter 50B or 50C. Makes technical changes. Applies to ex parte hearings conducted on or after the date that the act becomes law.

    Courts/Judiciary, Criminal Justice, Criminal Law and Procedure
    GS 7A, GS 8, GS 15A, GS 20, GS 90
  • Bill H 59 (2015-2016)
    Summary date: Mar 4 2015 - View Summary

    House committee substitute makes the following changes to the 1st edition.

    Amends GS 8-58.20, concerning the admissibility of forensic analysis clarifying that if the defendant or the defendant's attorney of record fails to file a written objection to the admissibility of the lab report and affidavit within the time allowed, of the forensic and chemical analysis reports, then the objection is deemed to have been waived.

    Courts/Judiciary, Evidence
    GS 8, GS 15A, GS 20, GS 90
  • Bill H 59 (2015-2016)
    Summary date: Feb 5 2015 - View Summary

    Amends the following provisions regarding the admissibility of reports of forensic and chemical analysis:

    (1) GS 15A-1225.3(b), authorizing remote testimony regarding the results of forensic testing under GS 8-58.20(d);

    (2) GS 20-139.1(c1), providing for the admissibility of the results of a chemical analysis of blood and urine reported by the NC State Crime Lab, the Charlotte NC Police Department Lab, or any other lab approved for chemical analysis by the Department of Health and Human Services, without further authentication and testimony of the analyst;

    (3) GS 20-139.1(c3), permitting establishing the chain of physical custody without calling unnecessary witnesses;

    (4) GS 20-139.1(c5), permitting the remote testimony of an analyst regarding the results of a chemical analysis of blood or urine; and

    (5) GS 90-95(g), providing for the admissibility of the results of a chemical analysis of matter submitted to the NC State Crime Lab, the Charlotte NC Police Department Lab, or the Toxicology Lab, Reynolds Health Center in Winston-Salem, to determine if the matter is or contains a controlled substance without further authentication and testimony of the analyst.

    Clarifies that in each instance, if the defendant or the defendant's attorney of record fails to file a written objection to the admissibility of the forensic and chemical analysis reports, then the objection is deemed to have been waived.

    This act applies to notices of intent to introduce a statement or report provided by the state on or after the date the act becomes law.

    Courts/Judiciary, Evidence, Motor Vehicle
    GS 15A, GS 20, GS 90
View: All Summaries for Bill