Bill Text: IN SB0246 | 2012 | Regular Session | Engrossed
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-Engrossed.html
Citations Affected: IC 35-36.
Synopsis: Lab technician testimony in criminal cases. Requires a
prosecuting attorney who intends to introduce a laboratory report into
evidence to file a notice of intent at least 20 days before the trial, and
requires a defendant who wishes to cross-examine the technician who
prepared the laboratory report to file a pretrial demand for
cross-examination not later than ten days after receiving the notice
from the prosecutor. Prohibits a prosecuting attorney who fails to
comply with the notice requirement from introducing a laboratory
report into evidence without the testimony of the person who prepares
the report, and provides that a defendant who does not comply with the
demand requirement waives the right to confront and cross-examine
the person who prepared the laboratory report.
Effective: July 1, 2012.
(HOUSE SPONSORS _ FOLEY, KOCH)
January 4, 2012, read first time and referred to Committee on Judiciary.
January 26, 2012, amended, reported favorably _ Do Pass.
January 30, 2012, read second time, ordered engrossed. Engrossed.
January 31, 2012, read third time, passed. Yeas 48, nays 0.
February 9, 2012, read first time and referred to Committee on Courts and Criminal Code.
February 23, 2012, reported _ Do Pass.
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Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
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.
