HB510: Defense counsel; removes requirement that any certificate of analysis be provided before trial.
Be 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 Department of Forensic Science or
authorized by such Department 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 at least seven days prior to
the hearing or trial upon request made by such counsel to the clerk with notice
of the request to the attorney for the Commonwealth. The request to the clerk
shall be on a form prescribed by the Supreme Court and filed with the clerk at
least 10 days prior to trial. In the event that a request for a copy of a
certificate is filed with the clerk with respect to a case that is not yet
before the court, the clerk shall advise the requester that he must resubmit
the request at such time as the case is properly before the court in order for
such request to be effective.
The certificate of analysis of any examination conducted by the Department of Forensic Science relating to a controlled substance or marijuana shall be mailed or forwarded by personnel of the Department 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.