Session Law

Identifying Information:L. 2003 ch. 070
Other Identifying Information:2003 House Bill 2138
Tax Type:Other
Brief Description:An Act concerning criminal procedure; relating to forensic examinations; certification pro- cedures; amending K.S.A. 2002 Supp. 22-3437 and repealing the existing section.
Keywords:


Body:

CHAPTER 70

HOUSE BILL No. 2138


An Act concerning criminal procedure; relating to forensic examinations; certification pro-

cedures; amending K.S.A. 2002 Supp. 22-3437 and repealing the existing section.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 2002 Supp. 22-3437 is hereby amended to read as

follows: 22-3437. (1) In any hearing or trial, a report concerning forensic

examinations and certificate of forensic examination executed pursuant

to this section shall be admissible in evidence if the report and certificate

are prepared and attested by a criminalist or other employee of the Kansas

bureau of investigation, Kansas highway patrol or any laboratory of the

federal bureau of investigation, federal postal inspection service, federal

bureau of alcohol, tobacco and firearms or federal drug enforcement ad-

ministration. If the examination involves a breath test for alcohol content,

the report must also be admissible pursuant to subsection (f) of K.S.A. 8-

1001, and amendments thereto, and be conducted by a law enforcement

officer or other person who is certified by the department of health and

environment as a breath test operator as provided by K.S.A. 65-1,107 et

seq. and amendments thereto.

(2) Upon the request of any law enforcement agency, such person as

provided in subsection (1) performing the analysis shall prepare a certif-

icate. Such person shall sign the certificate under oath and shall include

in the certificate an attestation as to the result of the analysis. The pres-

entation of this certificate to a court by any party to a proceeding shall

be evidence that all of the requirements and provisions of this section

have been complied with. This certificate shall be supported by a written

declaration pursuant to K.S.A. 53-601 and amendments thereto or shall

be sworn to before a notary public or other person empowered by law to

take oaths and shall contain a statement establishing the following: The

type of analysis performed; the result achieved; any conclusions reached

based upon that result; that the subscriber is the person who performed

the analysis and made the conclusions; the subscriber's training or expe-

rience to perform the analysis; the nature and condition of the equipment

used; and the certification and foundation requirements for admissibility

of breath test results, when appropriate. When properly executed, the

certificate shall, subject to the provisions of subsection (3) and notwith-

standing any other provision of law, be admissible evidence of the results

of the forensic examination of the samples or evidence submitted for

analysis and the court shall take judicial notice of the signature of the

person performing the analysis and of the fact that such person is that

person who performed the analysis.

(3) Whenever a party intends to proffer in a criminal or civil pro-

ceeding, a certificate executed pursuant to this section, notice of an intent

to proffer that certificate and the reports relating to the analysis in ques-

tion, including a copy of the certificate, shall be conveyed to the opposing

party or parties within 20 days after arraignment, if a criminal proceeding

or at least 20 days before the beginning of a civil trial begins hearing

where the proffer will be used. An opposing party who intends to object

to the admission into evidence of a certificate shall give notice of objection

and the grounds for the objection within 10 days upon receiving the ad-

versary's notice of intent to proffer the certificate. Whenever a notice of

objection is filed, admissibility of the certificate shall be determined not

later than two days before the beginning of the trial. A proffered certif-

icate shall be admitted in evidence unless it appears from the notice of

objection and grounds for that objection that the conclusions of the cer-

tificate, including the composition, quality or quantity of the substance

submitted to the laboratory for analysis or the alcohol content of a blood

or breath sample will be contested at trial. A failure to comply with the

time limitations regarding the notice of objection required by this section

shall constitute a waiver of any objections to the admission of the certif-

icate. The time limitations set forth in this section may be extended upon

a showing of good cause.

Sec. 2. K.S.A. 2002 Supp. 22-3437 is hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 14, 2002.


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Date Composed: 10/29/2003 Date Modified: 10/29/2003