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.
Senate committee substitute to the 1st edition makes the following changes.
Deletes proposed changes to GS 20-139.1(a). Moves proposed language in (c2) concerning the affidavit completed by the analyst into (e1) and makes clarifying changes. Adds that the affidavit must include that the evidence was handled in accordance with established and accepted procedures within the custody of the lab. Provides in (e1) that an affidavit by an analyst sworn to and properly executed before an official authorized to administer oaths is admissible in evidence without further authentication and without the testimony of the analyst in any hearing or trial in any criminal proceeding (was, in District Court Division) with respect to the specified matters. Makes additional technical and clarifying changes.
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