Bill Text: IN SB0246 | 2012 | Regular Session | Enrolled
Bill Title: Lab technician testimony in criminal cases.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Enrolled - Dead) 2012-03-14 - Signed by the Governor [SB0246 Detail]
Download: Indiana-2012-SB0246-Enrolled.html
Second Regular Session 117th General Assembly (2012)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
SENATE ENROLLED ACT No. 246
AN ACT to amend the Indiana Code concerning criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 35-36-11; (12)SE0246.1.1. -->
SECTION 1. IC 35-36-11 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]:
Chapter 11. Laboratory Reports
Sec. 1. As used in this chapter, "laboratory report" means a written report or affidavit relating to the results of a scientific test that is prepared for use at trial or to assist in a law enforcement investigation.
Sec. 2. If the prosecuting attorney intends to introduce a laboratory report as evidence in a criminal trial, the prosecuting attorney must file a notice of intent to introduce the laboratory report not later than twenty (20) days before the trial date, unless the court establishes a different time.
Sec. 3. If the defendant wishes for the person who prepared the laboratory report to be present at the trial for cross-examination, the defendant must file a demand for cross-examination not later than ten (10) days after the defendant receives the notice filed under section 2 of this chapter, unless the court establishes a different time.
Sec. 4. If the prosecuting attorney does not comply with section 2 of this chapter, the prosecuting attorney may not introduce the laboratory report into evidence without the testimony of the person
Chapter 11. Laboratory Reports
Sec. 1. As used in this chapter, "laboratory report" means a written report or affidavit relating to the results of a scientific test that is prepared for use at trial or to assist in a law enforcement investigation.
Sec. 2. If the prosecuting attorney intends to introduce a laboratory report as evidence in a criminal trial, the prosecuting attorney must file a notice of intent to introduce the laboratory report not later than twenty (20) days before the trial date, unless the court establishes a different time.
Sec. 3. If the defendant wishes for the person who prepared the laboratory report to be present at the trial for cross-examination, the defendant must file a demand for cross-examination not later than ten (10) days after the defendant receives the notice filed under section 2 of this chapter, unless the court establishes a different time.
Sec. 4. If the prosecuting attorney does not comply with section 2 of this chapter, the prosecuting attorney may not introduce the laboratory report into evidence without the testimony of the person
who conducted the test and prepared the laboratory report.
Sec. 5. If the prosecuting attorney complies with section 2 of this
chapter and the defendant does not comply with section 3 of this
chapter, the defendant waives the right to confront and
cross-examine the person who prepared the laboratory report.
SEA 246
Figure
Graphic file number 0 named seal1001.pcx with height 58 p and width 72 p Left aligned
Graphic file number 0 named seal1001.pcx with height 58 p and width 72 p Left aligned
