Bill Text: NC S681 | 2013-2014 | Regular Session | Amended
Bill Title: Admissibility of Forensic Evidence
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-04-03 - Ref To Com On Judiciary I [S681 Detail]
Download: North_Carolina-2013-S681-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
S 1
SENATE BILL 681
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Short Title: Admissibility of Forensic Evidence. |
(Public) |
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Sponsors: |
Senator J. Davis (Primary Sponsor). |
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Referred to: |
Judiciary I. |
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April 4, 2013
A BILL TO BE ENTITLED
AN ACT relating to the admissibility of forensic evidence.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 8‑58.20 reads as rewritten:
"§ 8‑58.20. Forensic analysis admissible as evidence.
(a) In any criminal prosecution, a laboratory report of a written forensic analysis, including an analysis of the defendant's DNA, or a forensic sample alleged to be the defendant's DNA, as that term is defined in G.S. 15A‑266.2(2), that states the results of the analysis and that is signed and sworn to by the person performing the analysis may be admissible in evidence without the testimony of the analyst who prepared the report in accordance with the requirements of this section.
(b) A forensic analysis, to be admissible under this section,
shall be performed by a laboratory that is accredited by an accrediting body
that requires conformance to forensic specific requirements and which is a
signatory to the International Laboratory Accreditation Cooperation (ILAC)
Mutual Recognition Arrangement For Testing for the submission, identification,
analysis, and storage of forensic analyses. The including analyses
of DNA samples and typing results of DNA samples shall be performed by a
laboratory that is accredited by an accrediting body that requires conformance
to forensic specific requirements and which is a signatory to the ILAC Mutual
Recognition Arrangement For Testing. an individual who can demonstrate
the necessary expertise under G.S. 8C‑1, Rule 702(a)(1), (2), and
(3). Procedures for establishing chain of custody without calling unnecessary
witnesses shall be governed by the requirements set forth in subsection (g) of
this section which may be made by affidavit.
(c) The analyst who analyzes the forensic sample
and signs the report shall complete an affidavit on a form developed by the
State Bureau of Investigation. affidavit. In the affidavit, the
analyst shall state (i) that the person is qualified by education, training,
and experience to perform the analysis, (ii) the name and location of the
laboratory where the analysis was performed, and (iii) that performing the
analysis is part of that person's regular duties. The analyst shall also aver
in the affidavit that the tests were performed pursuant to the accrediting
body's standards for that that individual's and that laboratory's accrediting
body's standards for that discipline and that the evidence was handled in
accordance with established and accepted procedures while in the custody of the
laboratory. The affidavit shall be sufficient to constitute prima facie
evidence regarding the person's qualifications. The analyst shall attach the
affidavit to the laboratory report and shall provide the affidavit to the
investigating officer and the district attorney in the prosecutorial district
in which the criminal charges are pending. An affidavit by a forensic an
analyst sworn to and properly executed before an official authorized to
administer oaths oaths, such as a notary public, is admissible in
evidence without further authentication in any criminal proceeding proceeding,
subject to the requirements of this section, with respect to the forensic
analysis administered and the procedures followed. With regards to
findings under G.S. 8C‑1, Rule 702(a)(1), (2), and (3), the court
shall take judicial notice of 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; and
(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).
(d) The district attorney shall serve a copy of the laboratory report and affidavit and indicate whether the report and affidavit will be offered as evidence at any proceeding against the defendant on the attorney of record for the defendant, or on the defendant if that person has no attorney, no later than five business days after receiving the report and affidavit, or 30 business days before any proceeding in which the report may be used against the defendant, whichever occurs first.
(e) Upon receipt of a copy of the laboratory report and affidavit, the attorney of record for the defendant or the defendant if that person has no attorney, shall have 15 business days to file a written objection to the use of the laboratory report and affidavit at any proceeding against the defendant. The written objection shall be filed with the court in which the matter is pending with a copy provided to the district attorney.
(f) If the defendant's attorney of record, or the defendant if that person has no attorney, fails to file a written objection with the court to the use of the laboratory report and affidavit within the time allowed by this section, then the laboratory report and affidavit may be admitted in evidence in any proceeding without the testimony of the analyst subject to the presiding judge ruling otherwise at the proceeding when offered. If, however, a written objection is filed, this section does not apply and the admissibility of the evidence shall be determined and governed by the appropriate rules of evidence.
(g) Procedure for Establishing Chain of Custody of Evidence Subject to Forensic Analysis Without Calling Unnecessary Witnesses. –
(1) For the purpose of establishing the chain of physical custody or control of evidence that has been subjected to forensic analysis performed as provided in subsection (b) of this section, a statement signed by each successive person in the chain of custody that the person delivered it to the other person indicated on or about the date stated is prima facie evidence that the person had custody and made the delivery as stated, without the necessity of a personal appearance in court by the person signing the statement.
(2) The statement shall contain a sufficient description of the material or its container so as to distinguish it as the particular item in question and shall state that the material was delivered in essentially the same condition as received. The statement may be placed on the same document as the report provided for in subsection (a) of this section.
(3) The provisions of this subsection may be utilized by the State only if (i) the State notifies the defendant at least 15 business days before any proceeding at which the statement would be used of its intention to introduce the statement into evidence under this subsection and provides the defendant with a copy of the statement and (ii) the defendant fails to file a written notification with the court, with a copy to the State, at least five business days before the proceeding that the defendant objects to the introduction of the statement into evidence.
(4) In lieu of the notice required in subdivision (3) of this subsection, the State may include the statement with the laboratory report and affidavit, as provided in subsection (d) of this section.
(5) If the defendant's attorney of record, or the defendant if that person has no attorney, fails to file the written objection as provided in this subsection, then the statement may be admitted into evidence without the necessity of a personal appearance by the person signing the statement.
(6) Upon filing a timely objection, the admissibility of the statement shall be determined and governed by the appropriate rules of evidence.
Nothing in this subsection precludes the right of any party to call any witness or to introduce any evidence supporting or contradicting the evidence contained in the statement."
SECTION 2. This act becomes effective December 1, 2013.
