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2010 SESSION
SB 149 Certificates of analysis and affidavits; admission into evidence.
Introduced by: Richard H. Stuart | all patrons ... notes | add to my profiles
SUMMARY AS INTRODUCED:
Certificates of analysis and affidavits. Amends 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) to state that provisions requiring a 28-day notification to the defendant must be followed only if the certificate or affidavit is to be used in lieu of testimony. The bill also states that the copies that must be filed with the clerk may be filed within two days after being provided to the defendant rather than on the same day. Testimony by two-way video conferencing is allowed with the consent of the defendant. The time limit for continuances is extended from not more than 180 days for a person who is not incarcerated and 90 days for a person who is incarcerated to nine months and five months respectively. This bill has been incorporated into SB 387.
FULL TEXT
HISTORY
- 01/11/10 Senate: Prefiled and ordered printed; offered 01/13/10 10101254D
- 01/11/10 Senate: Referred to Committee for Courts of Justice
- 01/12/10 Senate: Assigned Courts sub: Criminal
- 02/08/10 Senate: Incorporated by Courts of Justice (SB387-Obenshain) (14-Y 0-N)