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1997 SESSION
970042428Be it enacted by the General Assembly of Virginia:
1. That § 19.2-187 of the Code of Virginia is 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, 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 [ or, if such a certificate is in the possession
of counsel of record for the accused, by such counsel to the attorney for the
Commonwealth ] at least seven days prior to the hearing or trial
upon request of such counsel. [ Whenever the accused intends to introduce
in evidence a certificate of analysis which he had previously received from the
attorney for the Commonwealth, he shall give notice of such intent to the
attorney for the Commonwealth at least seven days prior to the hearing or trial
at which it will be introduced. ]
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.