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REFERENCE TITLE: evidence; admissibility; certificate of analysis |
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State of Arizona Senate Fiftieth Legislature Second Regular Session 2012
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SB 1404 |
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Introduced by Senators Driggs, Yarbrough: Representatives Brophy McGee, Pierce
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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 reports of analysis and results of any laboratory examination.
13-4282. Certificate of analysis; admissibility
In any criminal trial or hearing, 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 either of the following occurs:
1. The certificate of analysis is filed with the clerk of the court at least seven days before the trial or hearing if the prosecutor intends to offer it into evidence in a preliminary hearing or the defendant intends to offer it into evidence in any hearing or trial.
2. The requirements of section 13-4283 are satisfied and the defendant 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 and in any hearing other than a preliminary hearing in which the prosecutor intends to offer a certificate of analysis into evidence in lieu of testimony pursuant to section 13-4282, the prosecutor, Not later than thirty days before the hearing or trial, shall provide to the counsel of record for the defendant or to the defendant if the defendant is proceeding pro se both of the following at no cost:
1. A copy of the certificate of analysis.
2. A notice to the defendant of the defendant's right to object to having the certificate admitted without the person who performed the analysis or examination being present and testifying.
B. The defendant 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 defendant shall file the objection with the court, with a copy to the prosecutor, within fourteen days after the prosecutor files the certificate and notice with the clerk or the objection is deemed waived. If the objection is timely filed, the certificate is not admissible into evidence unless any of the following occurs:
1. The testimony of the person who performed the analysis or examination is admitted into evidence describing the facts and results of the analysis or examination during the state's case-in-chief at the hearing or trial and that person is present and subject to cross-examination by the accused.
2. The defendant or the defendant's counsel waives the objection in writing or before the court.
3. The parties stipulate to the admissibility of the certificate of analysis.
C. Counsel for the defendant, or the defendant if the defendant is proceeding pro se, may object to the timeliness of the receipt of notice required by this section before a hearing or trial on the defendant's receipt of actual notice unless the defendant did not receive actual notice before the hearing or trial. A showing by the State that the notice was mailed, delivered or otherwise provided in compliance with the time requirements of this section is prima facie evidence that the notice was timely received by the defendant. If the court finds that the defendant did not receive timely notice pursuant to this section, the defendant's objection is not deemed waived and if the objection is made before the hearing or trial, the court shall order a continuance if requested by either party.
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 or hearing 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 duly attested to 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. A certificate of analysis that purports to be signed by any such person is admissible as evidence in a hearing or 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.