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2006 SESSION

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HB 514 DUI; breath test admissible as evidence in civil and criminal cases.

Introduced by: Ward L. Armstrong | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED HOUSE:

Evidence in civil and criminal DUI cases. Provides that copies of records relating to any breath test conducted pursuant to a DUI prosecution shall be admissible provided such copies are authenticated as true copies either by the custodian thereof or by the person to whom the custodian reports.

SUMMARY AS INTRODUCED:

Evidence in civil and criminal DUI cases. Provides that evidence admissible in any court in any criminal or civil proceeding as evidence of the validity and accuracy of an individual's blood alcohol breath test shall include any and all documentation within the control of the Department indicating the accuracy and efficacy of the conduct of the tests performed and the accuracy and efficacy of the instrumentation used to ascertain the blood alcohol content. Such documentation shall specifically include, but shall not be limited to, breath test equipment logs, certification and repair records, and certificates of accuracy and shall be admitted as evidence upon their qualification as accurate records by the Department.