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NC S681
Bill
AI Summary
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Modifies requirements for admitting forensic analysis reports in criminal prosecutions without analyst testimony by replacing mandatory ILAC accreditation standards with a requirement that analyses be performed by individuals demonstrating necessary expertise under evidence rules.
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Allows chain of custody to be established through signed statements by custodians without requiring witnesses to testify in court, provided the defendant receives notice at least 15 business days before proceedings and fails to object within 5 business days.
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Requires analysts to complete affidavits stating their qualifications, the laboratory location, that analysis is part of regular duties, and that procedures met accrediting body standards, with affidavits constituting prima facie evidence of qualifications.
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Establishes that blood, breath, or urine analyses automatically qualify as sufficient data under evidence rules, that certain scientific methods are presumed reliable, and that defendants waive objections by failing to object under the notice and demand statute.
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Requires district attorneys to serve laboratory reports and affidavits on defense counsel at least 5 business days after receipt or 30 days before any proceeding, with defendants having 15 business days to file written objections; reports are admissible without analyst testimony if no timely objection is filed.
Legislative Description
Admissibility of Forensic Evidence
Last Action
Ref To Com On Judiciary I
4/3/2013