Bill Summary for H 59 (2015-2016)

Summary date: 

Feb 5 2015

Bill Information:

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.

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Bill 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.

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