Amends GS 8-58.20, providing that for a forensic analysis to be admissible under this section, the analyses of DNA samples and typing results of DNA samples must be performed by an individual who can demonstrate expertise under GS 8C-1, Rule 702(a)(1), (2), and (3). Directs that the procedures for establishing a chain of custody without calling unnecessary witnesses will be governed by GS 8-58.20(g). Makes clarifying and technical changes.
Provides that the court will take judicial notice of findings under GS 8C-1, Rule 702(a)(1), (2), and (3) and apply the following:
(1) An analysis of the defendant's blood, breath, or urine shall qualify 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 appellate courts of this state. These include, by way of illustration and not limitation, gas headspace chromatography, gas chromatography–mass spectrometry, liquid chromatography–mass spectrometry, and liquid chromatography with tandem mass spectrometric detection methods.
(3) That a defendant who has failed to object under the notice and demand statute has waived any and all objection under Rule 702(a)(3).
Effective December 1, 2013.
Status: Ref To Com On Judiciary I (Senate Action) (Apr 3 2013)
Bill S 681 (2013-2014)Summary date: Apr 4 2013 - More information