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. Enacted June 26, 2013. Effective June 26, 2013.
Summary date: Jul 1 2013 - More information
Summary date: Jun 12 2013 - More information
House committee substitute to the 2nd edition makes the following changes.
Amends GS 20-139.1 by deleting all proposed changes to the statute and instead providing as follows. Amends (c1) to define a laboratory approved for chemical analysis by the Department of Health and Human Services (DHHS), for purposes of the statute, to include any hospital lab approved by DHHS under the program resulting from the federal clinical Laboratory Improvement Amendments of 1988.
Deletes the provisions in (c2) concerning lab accreditation requirements to be met for blood or urine analysis to be admissible. Also deletes the provisions in (c4) concerning requirements to be met in order for blood or urine tests to be admissible to prove a person's alcohol concentration or the presence of a controlled substance or other impairing substance.
Adds a new section amending GS 8-58.20 (forensic analysis admissible as evidence) providing that the statute does not apply to chemical analyses under GS 20-139.1.
Amend the act's titles.
Summary date: May 2 2013 - More information
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.
Summary date: Mar 13 2013 - More information
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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