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2010 SESSION

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SB 106 Certificates of analysis and affidavits; State shall notify defendant if used in lieu of testimony.

Introduced by: Ryan T. McDougle | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED SENATE:

Certificates of analysis and affidavits. Clarifies that provisions requiring notification of defendants by the Commonwealth must be followed only if the certificate or affidavit is to be used in lieu of testimony. The bill also specifies that the notice of defendant's right to object shall be provided simultaneously with the certificate or affidavit rather than attached to the certificate or affidavit. The bill provides that certain documents are considered to be certificates of analysis. The bill modifies legislation enacted during the August 2009 Special Session in response to the United States Supreme Court decision in Melendez-Diaz v. Massachusetts, 557 U.S. ___ (June 25, 2009).

SUMMARY AS INTRODUCED:

Certificates of analysis and affidavits.  Clarifies that the provisions requiring notification of defendants by the Commonwealth must be followed only if the certificate or affidavit is to be used in lieu of testimony. The bill also requires the defendant to provide the Commonwealth with a certificate of analysis no later than 14 days before trial if the accused intends to introduce an independent blood analysis, and makes some other changes to legislation enacted during the August 2009 Special Session in response to the United States Supreme Court decision in Melendez-Diaz v. Massachusetts, 557 U.S. ___ (June 25, 2009).