Bill Summary for H 357 (2015-2016)

Summary date: 

May 23 2016

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

Senate committee substitute makes the following changes to the 2nd edition. Deletes the content of the previous edition and replaces it with the following.

Amends the act's short and long titles.

Amends GS 20-139.1, which sets out processes and procedures concerning the admissibility and use of chemical analysis test results in implied-consent offenses, now providing in subsection (c1) Admissibility, subsection (c3), Procedure for Establishing Chain of Custody Without Calling Unnecessary Witnesses, and subsection (e2), concerning the use of a chemical analyst's affivadit in District Court, an additional notice requirement that the State must notify the defendant no later than 15 business days after receiving the chemical analysis document (report, statement, or affidavit) and at least 15 days before the proceeding of its intent to introduce the chemical analysis document into evidence. The State must also provide a copy of the document to the defendant (previously, only required the State to give notice of intent and a copy of the document  at least 15 business days before the proceeding at which the document would be used; now requires both). Additionally, in these same subsections, new language is added to provide that if the proceeding at which the chemical analysis document would be introduced into evidence is continued, then any notice provided by the State, the written objection filed by the defendant, or the failure to do so remains effective at a subsequent calendaring of that proceeding.  Further amends subsection (e2), concerning the defendant's failure to timely file an objection to the introduction of a chemical analyst's affidavit in district court, which is considered a waiver of right to object to the admissibility of the affidavit, adding a provision that requires when such waivers occur, then the affidavit is admitted into evidence but without the analyst's testimony. Makes conforming changes as well as clarifying changes concerning reference to "reports," "affidavits," and "statements."

Effective October 1, 2016, applying to trials on or after that date.

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