Bill Text: AZ SB1404 | 2012 | Fiftieth Legislature 2nd Regular | Engrossed
Bill Title: Evidence; admissibility; certificate of analysis
Spectrum: Partisan Bill (Republican 4-0)
Status: (Engrossed - Dead) 2012-03-08 - Referred to House JUD Committee [SB1404 Detail]
Download: Arizona-2012-SB1404-Engrossed.html
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Senate Engrossed |
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State of Arizona Senate Fiftieth Legislature Second Regular Session 2012
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SENATE BILL 1404 |
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AN ACT
Amending title 13, chapter 38, Arizona Revised Statutes, by adding article 33; relating to evidence.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 13, chapter 38, Arizona Revised Statutes, is amended by adding article 33, to read:
ARTICLE 33. ADMISSIBILITY OF CERTIFICATE OF ANALYSIS
13-4281. Definition
For the purposes of this article, "certificate of analysis" includes written reports of analysis, results of any laboratory examination and written reports of any laboratory personnel in the chain of custody of the evidence together with an affidavit that is signed by the person or the person's supervisor, or both, performing the analysis or examination and that attests that the report is an accurate record of the analysis or examination.
13-4282. Certificate of analysis; admissibility
In any criminal trial, a certificate of analysis is admissible as evidence of the facts and results that are contained in a person's analysis or examination if the person who performed the analysis or examination attests to the certificate of analysis and the following occurs:
1. The certificate of analysis is filed with the clerk of the court at least twenty days before the trial by a party who intends to offer it into evidence in the trial.
2. The requirements of section 13-4283 are satisfied and a party has not objected to the admission of the certificate pursuant to section 13‑4283, subsection B when the analysis or examination is performed in any laboratory operated by any state, county or municipal laboratory or authorized by such laboratory to conduct such analysis or examination, or performed by the federal bureau of investigation, the federal postal inspection service, the federal bureau of alcohol, tobacco and firearms, the naval criminal investigative service, the national fish and wildlife forensics laboratory, the federal drug enforcement administration, the forensic document laboratory of the United States department of homeland security or the United States secret service laboratory.
13-4283. Procedures; notification; waiver; continuance
A. In any criminal trial in which a party intends to offer a certificate of analysis into evidence in lieu of testimony pursuant to section 13-4282, the party, Not later than thirty days before the trial, shall provide to the opposing party both of the following at no cost:
1. A copy of the certificate of analysis.
2. A notice of the right to object to having the certificate admitted without the person who performed the analysis or examination being present and testifying.
B. Not later than twenty days before trial, a party may object in writing to admission of the certificate of analysis in lieu of testimony as evidence of the facts and of the results of the analysis or examination. The party shall file the objection with the court, with a copy to the opposing party at any time up to twenty days before the trial, or the objection is deemed waived. If the objection is timely filed, the certificate is not admissible into evidence pursuant to this article.
C. If the certificate of analysis is not admitted into evidence after a timely objection, the facts contained in the certificate of analysis may be proved in any other manner allowable by law. Any evidence that is otherwise admissible is not rendered inadmissible by an objection to the certificate of analysis.
D. This section does not prohibit the admissibility of a certificate of analysis if the person who performed the analysis and examination testifies at a trial concerning the facts stated therein and of the results of the analysis or examination.
13-4284. Certificate of analysis; chain of custody
A certificate of analysis that is signed by the person who performed the analysis or examination in any laboratory operated by any state, county or municipal laboratory or authorized by the laboratory to conduct the analysis or examination or performed by the federal bureau of investigation, the federal bureau of alcohol, tobacco and firearms, the naval criminal investigative service, the federal drug enforcement administration, the postal inspection service, the United States secret service or the forensic document laboratory of the United States department of homeland security is prima facie evidence in a criminal or civil proceeding as to the custody of the material described in the report from the time the material is received by an authorized agent of the laboratory until the material is released after the analysis or examination. Pursuant to the procedures prescribed in section 13‑4283, A certificate of analysis that purports to be signed by any such person is admissible as evidence in a trial without any proof of the seal or signature or of the official character of the person whose name is signed to it. The signature of the person who received the material for the laboratory on the request for laboratory examination form is prima facie evidence that the person receiving the material was an authorized agent and the receipt constitutes proper receipt by the laboratory.
