Admission of Reports From State Crime Laboratory

  1. Law
  2. Georgia Code
  3. Law Enforcement Officers and Agencies
  4. Georgia Bureau of Investigation
  5. Division of Forensic Sciences
  6. Admission of Reports From State Crime Laboratory

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  1. A copy of a report of the methods and findings of any examination or analysis conducted by an employee of the state crime laboratory or an employee of a laboratory with which the state crime laboratory has a contract for the provision of laboratory or scientific examination or analysis, authenticated under oath, is prima-facie evidence in court proceedings in this state of the facts contained therein.
  2. The report shall have the effect as if the person who performed the analysis or examination had personally testified and shall have an affidavit of the employee stating:
    1. That he or she is certified to perform the requisite analysis or examination;
    2. His or her experience as a chemist or analyst and as an expert witness testifying in court; and
    3. That he or she conducted the tests shown on the report using procedures approved by the bureau and the report accurately reflects his or her opinion regarding the results.
  3. The prosecuting attorney shall serve a copy on the defendant's attorney of record, or on the defendant if pro se, prior to the first proceeding in which the report is to be used against the defendant.
  4. Any report under this Code section shall contain notice of the right to demand the testimony of the person signing the report.
  5. The defendant may object in writing any time after service of the report, but at least ten days prior to trial, to the introduction of the report. If objection is made, the judge shall require the employee to be present to testify. The state shall diligently investigate the witness's availability and report to the court. If the witness is not available on a timely basis, the court shall grant a continuance.

(Code 1981, §35-3-154.1, enacted by Ga. L. 2004, p. 626, § 2.A; Ga. L. 2005, p. 60, § 35/HB 95; Ga. L. 2005, p. 503, § 1/HB 347.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2004, "state" was substituted for "State" in subsection (a); "stating:" was substituted for "stating that" at the end of the introductory paragraph in subsection (b); "That he" was substituted for "He" at the beginning of paragraphs (b)(1) and (b)(3); and "in which" was inserted in subsection (c).


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