SB 246 sets up procedures for allowing Prosecutors to introduce lab evidence and for Defendants to confront and cross examine lab technicians.
It requires the Prosecutor to provide notice of intent to use a lab report, defined as “a written report or affidavit relating to the results of a scientific test that is prepared for use at trial or to assist in a law enforcement investigation.” The notice has to be provided at least 20 days prior to trial. Then the burden shifts to the defendant to file a demand for cross examination within the next 10 days. If the Prosecutor doesn’t file the notice, the State can’t use the lab report. If the Defendant doesn’t file the demand to cross examine, then defendant waives the right to confront and cross-examine the person who prepared the laboratory report.
The main dynamic that jumped out at me as potentially going wrong was a Prosecutor filing the notice 6 months before trial; before the Defendant’s attorney had his act together with respect to the case and having the 10 days blow by without the Defendant getting the demand on file. But, the statute gives the court authority to alter those deadlines, so I don’t suppose that’s too big of a concern.
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