05 LC 28
2156/AP
House
Bill 347 (AS PASSED HOUSE AND SENATE)
By:
Representatives Ralston of the
7th
and Bearden of the
68th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 35-3-154.1 of the Official Code of Georgia Annotated,
relating to admission of reports from state crime laboratory, so as to make such
Code section applicable to certain private laboratories under contract to the
state crime laboratory; to provide for related matters; to provide an effective
date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 35-3-154.1 of the Official Code of Georgia Annotated, relating to
admission of reports from state crime laboratory, is amended by striking
subsections (a) and (b) and inserting in lieu thereof new subsections (a) and
(b) to read as follows:
"(a)
A copy of a report of the methods and findings of any examination or analysis
conducted by an employee of the state crime laboratory
or an employee
of a laboratory with which the state crime laboratory has a contract for the
provision of laboratory or scientific examination or
analysis, authenticated under oath, is
prima-facie evidence in court proceedings in
the
this
state of the facts contained therein.
(b)
The report shall have the effect as if the person who performed the analysis or
examination had personally testified and shall have an affidavit of the employee
stating:
(1)
That he or she is certified to perform the requisite analysis or
examination;
(2)
His or her experience as a chemist or analyst and as an expert witness
testifying in court; and
(3)
That he or she conducted the tests shown on the report using procedures approved
by the
Bureau
bureau
and the report accurately reflects his
or
her opinion regarding the
results."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.