Bill Summary for H 357 (2015-2016)

Summary date: 

Apr 15 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 357 (Public) Filed Wednesday, March 25, 2015
AN ACT TO AMEND PROCEDURES GOVERNING THE ADMISSIBILITY OF WRITTEN CHEMICAL ANALYSIS RESULTS.
Intro. by Stam, Faircloth, Glazier, Hurley.

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Bill summary

House committee substitute to the 1st edition makes the following changes.

Amends proposed GS 8-58.21 as follows. Adds that the statute is notwithstanding GS 20-139.1, Procedures governing chemical analyses; admissibility; evidentiary provisions; controlled-drinking programs.

Adds the requirement that if the defendant wants the analyst present and the analyst is employed out of state, that the defendant give the State written notice within five days of receiving the notice and report from the District Attorney, upon which the State must produce the witness. 

Adds that the State retains the burden of proof beyond a reasonable doubt and that an analyst may be declared a hostile witness for direct examination if an analyst testifies pursuant to a subpoena issued by the defendant.

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