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- Subject Index: Since 1995
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Developed and maintained by the Division of Legislative Automated Systems.
1995 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 19.2-187 and 19.2-187.01 of the Code of Virginia are amended and reenacted as follows:
§ 19.2-187. Admission into evidence of certain certificates of analysis.
In any hearing or trial of any criminal offense or in any proceeding brought
pursuant to Chapter 22.1 (§ 19.2-386.1 et seq.) of this title, a certificate
of analysis of a person performing an analysis or examination, performed in
any laboratory operated by the Division of Consolidated Laboratory Services
or the Division of Forensic Science or authorized by such Division 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, or the federal Drug
Enforcement Administration, or the United States Secret Service
Laboratory when such certificate is duly attested by such person, shall
be admissible in evidence as evidence of the facts therein stated and the
results of the analysis or examination referred to therein, provided (i) the
certificate of analysis is filed with the clerk of the court hearing the case
at least seven days prior to the hearing or trial and (ii) a copy of such
certificate is mailed or delivered by the clerk or attorney for the
Commonwealth to counsel of record for the accused at least seven days prior
to the hearing or trial upon request of such counsel.
The certificate of analysis of any examination conducted by the Division of Forensic Science relating to a controlled substance or marijuana shall be mailed or forwarded by personnel of the Division of Forensic Science to the attorney for the Commonwealth of the jurisdiction where such offense may be heard. The attorney for the Commonwealth shall acknowledge receipt of the certificate on forms provided by the laboratory.
Any such certificate of analysis purporting to be signed by any such person shall be admissible as evidence in such 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.
§ 19.2-187.01. Certificate of analysis as evidence of chain of custody of material described therein.
A report of analysis duly attested by the person performing such analysis or
examination in any laboratory operated by (i) the Division of Consolidated
Laboratory Services, the Division of Forensic Science or any of its regional
laboratories, or by any laboratory authorized by either Division to conduct
such analysis or examination, (ii) the Federal Bureau of Investigation, (iii)
the federal Bureau of Alcohol, Tobacco and Firearms, (iv) the Naval Criminal
Investigative Service, (v) the federal Drug Enforcement Administration,
or (vi) the Postal Inspection Service , or (vii) the United States
Secret Service shall be prima facie evidence in a criminal or civil
proceeding as to the custody of the material described therein from the time
such material is received by an authorized agent of such laboratory until
such material is released subsequent to such analysis or examination. Any
such certificate of analysis purporting to be signed by any such person shall
be admissible as evidence in such 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 shall be deemed
prima facie evidence that the person receiving the material was an authorized
agent and that such receipt constitutes proper receipt by the laboratory for
purposes of this section.