Bill Text: MS HB1156 | 2012 | Regular Session | Comm Sub

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Bill Title: Crime lab personnel; provide procedure regarding misdemeanor appearance.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2012-03-15 - Died On Calendar [HB1156 Detail]

Download: Mississippi-2012-HB1156-Comm_Sub.html

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MISSISSIPPI LEGISLATURE

2012 Regular Session

To: Judiciary B

By: Representative Carpenter

House Bill 1156

(COMMITTEE SUBSTITUTE)

AN ACT TO AUTHORIZE THE ACCUSED IN CERTAIN MISDEMEANOR PROCEEDINGS TO REQUEST CRIME LAB PERSONNEL TO TESTIFY; TO AMEND SECTION 45-1-27, MISSISSIPPI CODE OF 1972, IN CONFORMITY; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  (1)  An accused person or the accused person's attorney may request, by notifying the prosecuting attorney, in writing, at least five (5) days before the trial of a misdemeanor criminal offense, that the following persons testify in person at the trial:

          (a)  A person who performed the laboratory analysis or examination concerning a report of the facts and results of any laboratory analysis or examination if it is prepared and attested by the person performing the laboratory analysis or examination in any laboratory operated by the Mississippi Crime Laboratory or authorized by the Mississippi Crime Laboratory to conduct an analysis or examination; or

          (b)  A person who prepared a blood sample report from a blood sample withdrawn under the Mississippi Implied Consent Law.

     If an accused person or the accused person's attorney so notifies the prosecuting attorney that the persons described in this section are required to testify at the misdemeanor criminal proceeding, and should the accused person be so convicted or plead guilty to the misdemeanor crime as charged, then in those instances the accused person shall be assessed the full cost for the attendance of that witness, including, but not limited to all costs of transportation.

     (2)  If the accused person or the accused person's attorney does not comply with the five-day requirement described in subsection (1), then the defendant is deemed to have waived the right to object to the certified analysis or examination by the crime lab.

     (3)  The defendant shall receive a copy of all reports made under this section.

     SECTION 2.  Section 45-1-27, Mississippi Code of 1972, is amended as follows:

     45-1-27.  The director shall have responsibilities and duties including but not limited to the following:

          (a)  To plan and give general direction to activities or programs for which he is responsible, through the issuance of directives and orders.

          (b)  To review proposed changes in policies affecting the operation of the division under his direction.

          (c)  To maintain liaison with other agencies, divisions or departments of state and federal government.

          (d)  To approve and maintain uniform procedures and standards of operation for the laboratory.

          (e)  To supervise and approve procedures and processing of physical evidence.

          (f)  To present testimony in court in analysis of physical evidence.

          (g)  To supervise the State Medical Examiner.

          (h)  To attend scientific conferences and hold classes for law enforcement officers.

          (i)  To present budget requests to the Legislative Budget Office and to legislative committees.

          (j)  To comply with the provisions of Section 1 of this act.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2012.

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