Bill Summary for H 357 (2015-2016)

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Summary date: 

Mar 25 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 357 (Public) Filed Wednesday, March 25, 2015
Intro. by Stam, Faircloth, Glazier, Hurley.

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Bill summary

Enacts new GS 8-58.21, Toxicology analysis admissible as evidence in criminal prosecution in district court, providing that in any criminal prosecution in district court a laboratory report of a written toxicology analysis that states the results and is signed and sworn to by the person performing the analysis can be admissible in evidence without the testimony of the analyst who prepared the report, if certain specified criteria are satisfied, including that the analysis complies with GS 8-58.20(b), concerning lab accreditation, and that the conducting analyst complies with the provisions of GS 8-58.20(c) concerning affidavit requirements.

Provides that any defendant that wants to contest the results of the analysis that has been submitted into evidence retains the right to subpoena the person who performed the analysis in order to testify in the criminal prosecution in district court. If the analyst fails to testify and the case is not continued for the analyst to do so, the results of the analysis are inadmissible at trial in the district court.  Provides that nothing in this section can be construed as an abrogation of any state or federal right, with the exception of the right to a jury trial in district court.

Effective October 1, 2015, applying to trials commencing on or after that date.