A BILL TO BE ENTITLED AN ACT TO ELIMINATE THE REQUIREMENT THAT WOULD COME INTO EFFECT ON JULY 1, 2013, THAT A LABORATORY PROVIDING CHEMICAL ANALYSES UNDER G.S. 20-139.1 BE ACCREDITED BY AN ACCREDITING BODY THAT IS A SIGNATORY TO THE INTERNATIONAL LABORATORY ACCREDITATION COOPERATION (ILAC) MUTUAL RECOGNITION ARRANGEMENT AND TO CLARIFY THAT THE RESULTS OF CHEMICAL ANALYSIS OF BLOOD OR URINE FROM ALL HOSPITAL LABORATORIES IN NORTH CAROLINA THAT ARE APPROVED BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES PURSUANT TO THE CLINICAL LABORATORY IMPROVEMENT AMENDMENTS OF 1988 (CLIA) PROGRAM ARE ADMISSIBLE AS EVIDENCE.
Amends GS 20-139.1 as follows.
Provides that the statute does not limit the introduction of other competent evidence as to a person's alcohol concentration or results of other tests performed by an individual who qualifies as an expert witness under Rule 702 of the North Carolina Rules of Evidence (was, other tests showing the presence of an impairing substance, including other chemical tests).
Provides that in order to be admissible, a chemical analysis of blood or urine must be performed by a laboratory that is accredited by an individual who qualifies as an expert witness under Rule 702 of the North Carolina Rules of Evidence (deleting the requirement of accreditation by a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Arrangement for Testing). Requires the analyst analyzing the sample and signing the report to complete an affidavit stating the person's qualifications, information on the laboratory where the analysis was performed, and that performing that type of analysis is part of the individual's regular duties. Also requires that the analyst state that the tests were performed according to the individual's and the laboratory's accrediting body's standards and that evidence was handled according to accepted procedures while in the laboratory's custody. Requires the affidavit be provided to the investigating officer and to the district attorney in the district where charges are pending. Provides for admissibility of the affidavit. Requires the court, concerning findings under Rule 702(a)(1)-(3), to take judicial notice of and apply the following: (1) an analysis of the defendant's blood, breath, or urine qualifies under Rule 702(a)(1) as sufficient data; (2) the principles and methods previously accepted as reliable within the meaning of Rule 702(a)(2) by the state's appellate courts; and (3) the court must find a defendant who has failed to object under (e2) (concerning defendant's objection to the intent to introduce affidavit into evidence) of the statute has waived any and all objections under Rule 702(a)(3).
Makes conforming changes.
Effective December 1, 2013.
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