Evidence, testimonial; procedure notifying defendant of introduction of certificate of analysis. (HB5007)

Introduced By

Del. Morgan Griffith (R-Salem)

Progress

√
 Introduced
√
 Passed Committee
√
 Passed House
√
 Passed Senate
√
 Signed by Governor
√
 Became Law

Description

Testimonial evidence; admissibility.  Provides a procedure whereby the attorney for the Commonwealth notifies the defendant that he intends to introduce a certificate of analysis of laboratory (DNA, blood, drug, etc.) or DUI breath-test results. The same notification procedure will apply when the Commonwealth seeks to introduce an affidavit indicating an accused's failure to register as a sex offender. The defendant may object to the admission of the certificate or affidavit and require that the person who performed the analysis or examination or a custodian of the sex offender registry testify. If the defendant does not object he waives his objection to the introduction of the certificate or affidavit and it may be offered into evidence without the appearance and testimony of the analyst or custodian.

If the defendant objects and the person who performed the analysis or examination or the custodian of the records is unavailable to testify in the Commonwealth's case-in-chief, the court shall order a continuance, provided that such continuances shall not exceed 180 days for a person who is not incarcerated and 90 days when the person is incarcerated. The speedy trial statute is tolled during such continuances. There is also a provision for a continuance if the defendant did not receive timely notice.

The notice procedure as constructed in this measure applies to criminal trials and hearings but does not apply in preliminary hearings.

When a certificate is offered into evidence, the defendant's right to call the person who performed the analysis as an adverse witness, at the Commonwealth's expense, is preserved.

Information on breath-test machine testing accuracy is removed as a component of the DUI breath certificate of analysis. This is intended to remove the possible testimonial quality of the calibration of the machine. 

This bill is in response to the United States Supreme Court decision in Melendez-Diaz v. Massachusetts, 557 U.S. (June 25, 2009).

The bill has an emergency clause.

This bill is identical to SB 5003. Amends § 16.1-277.1, § 18.2-268.7, § 18.2-268.9, § 18.2-472.1, § 19.2-187, § 19.2-187.1, § 19.2-243, § 46.2-341.26:7, § 46.2-341.26:9, § 9.1-1101, § 9.1-907, of the Code of Virginia. View Full Text »

Outcome

Bill Has Passed

History

  • 08/17/2009 Prefiled and ordered printed with emergency clause; offered 08/19/09 090986802
  • 08/17/2009 Referred to Committee for Courts of Justice
  • 08/19/2009 Reported from Courts of Justice with substitute (20-Y 0-N)
  • 08/19/2009 Committee substitute printed 090995520-H1
  • 08/19/2009 Read first time
  • 08/19/2009 Constitutional readings dispensed (87-Y 0-N)
  • 08/19/2009 VOTE: BLOCK VOTE PASSAGE (87-Y 0-N)
  • 08/19/2009 Committee substitute agreed to 090995520-H1
  • 08/19/2009 Engrossed by House - committee substitute HB5007H1
  • 08/19/2009 Passed House BLOCK VOTE (91-Y 0-N)
  • 08/19/2009 VOTE: BLOCK VOTE PASSAGE (91-Y 0-N)
  • 08/19/2009 Constitutional reading dispensed
  • 08/19/2009 Referred to Committee for Courts of Justice
  • 08/19/2009 Reported from Courts of Justice (11-Y 0-N)
  • 08/19/2009 Constitutional reading dispensed (35-Y 0-N)
  • 08/19/2009 Read third time
  • 08/19/2009 Passed Senate (35-Y 0-N)
  • 08/19/2009 Enrolled
  • 08/20/2009 Bill text as passed House and Senate (HB5007ER)
  • 08/20/2009 Signed by Speaker
  • 08/20/2009 Signed by President
  • 08/21/2009 G Approved by Governor-Chapter 1 (effective 8/21/09)
  • 08/21/2009 G Acts of Assembly Chapter text (CHAP0001)