HLS 10RS-1250 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 375
BY REPRESENTATIVES MORRIS AND WOOTON
CRIMINAL/PROCEDURE: Provides with respect to the use of certificates of analysis in
criminal cases
AN ACT1
To amend and reenact R.S. 15:501(B) and to enact R.S. 15:499(D) and 501(C), (D), and (E),2
relative to evidence from criminalistics laboratories; to provide for the retention of3
certain records regarding the accreditation and background of analysts and4
laboratories issuing certificates of analysis; to provide for the issuance of a written5
demand regarding testimony of the person signing the certificate of analysis; to6
provide for the procedure for making a demand; to provide for time limitations; and7
to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 15:501(B) is hereby amended and reenacted and R.S. 15:499(D) and10
501(C), (D), and (E) are hereby enacted to read as follows: 11
§499. Certificates of analysis 12
* * *13
D. All organizations, entities, or persons issuing certificates as set forth in14
this Section shall retain and provide upon written request all of the following:15
(1) A description of each analyst's educational background, training, and16
experience.17
(2) A listing of all accreditations held by the laboratory or individual.18
* * *19 HLS 10RS-1250 ORIGINAL
HB NO. 375
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are additions.
§501. Notice of opposing party and opportunity to cross-examine expert;1
certification of subpoena request2
* * *3
B.(1) The party against whom such certificate is offered shall be permitted4
to subpoena on cross-examination, the person who performed the examination or5
analysis of the evidence. If the subpoena is requested at least five days prior to the6
commencement of trial or the person subpoenaed responds to the subpoena, the7
certificate shall not be prima facie proof of its contents or of proper custody.8
(2) When the attorney for the defendant, or the defendant acting in his own9
defense, requests that a subpoena issue to the person who performed the examination10
or analysis, the request shall be in writing and shall contain a certification that the11
attorney or the defendant intends in good faith to conduct the cross-examination.12
The attorney for the defendant, or the defendant acting in his own defense,13
if not represented by counsel, may demand that the person signing the certificate14
testify by filing a written demand and serving it upon the district attorney or attorney15
general seeking to introduce the certificate. If such a demand is made timely as set16
forth below, the certificate shall not constitute prima facie proof of the facts thereon17
as set forth in R.S. 15:500.18
C. Demand for the testimony of the person preparing the certificate shall be19
filed and served within fifteen days of the receipt of the notice and request by20
counsel for the defendant, or by a defendant acting as his own counsel. The trial21
court may extend this fifteen-day period for good cause shown if such request is22
made prior to the expiration of the fifteen days.23
D. If no request for additional time is made prior to the expiration of the24
fifteen-day period, an extension of time in which to make such a demand may be25
made only upon a showing of exceptional circumstances. Any allegation that such26
circumstances exist shall constitute a preliminary plea on the defendant's behalf for27
the purposes of Louisiana Code of Criminal Procedure Article 580.28 HLS 10RS-1250 ORIGINAL
HB NO. 375
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
E. The filing of a demand by the defendant does not prevent the admission1
of the certificate or its contents in any other manner otherwise appropriate pursuant2
to the Louisiana Code of Evidence or its ancillaries.3
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Morris HB No. 375
Abstract: Provides with respect to the admissibility of certificates of analysis in criminal
cases.
Present law provides for certificates of analysis and provides for their admissibility in
criminal court proceedings.
Present law provides that the party against whom a certificate of analysis is offered shall be
permitted to subpoena on cross-examination the person who performed the examination or
analysis of the evidence. If the subpoena is requested at least five days prior to the
commencement of trial or the person subpoenaed responds to the subpoena, the certificate
shall not be prima facie proof of its contents or of proper custody.
Present law further provides that when the attorney for the defendant, or the defendant acting
in his own defense, requests that a subpoena issue to the person who performed the
examination or analysis, the request shall be in writing and shall contain a certification that
the attorney or the defendant intends in good faith to conduct the cross-examination.
Proposed law changes present law to provide that the attorney for the defendant, or the
defendant acting in his own defense if not represented by counsel, may demand that the
person signing the certificate testify by filing a written demand and serving it upon the
district attorney or attorney general seeking to introduce the certificate. If such a demand
is made timely as set forth below, the certificate shall not constitute prima facie proof of the
facts thereon.
Proposed law further provides that the demand for the testimony of the person preparing the
certificate shall be filed and served within 15 days of the receipt of the notice and request
by counsel for the defendant or by a defendant acting as his own counsel. The trial court
may extend this 15-day period for good cause shown if such request is made prior to the
expiration of the 15 days.
Proposed law further provides, if no request for additional time is made prior to the
expiration of the 15-day period, an extension of time in which to make such a demand may
be made only upon a showing of exceptional circumstances. Any allegation that such
circumstances exist shall constitute a preliminary plea on the defendant's behalf.
Proposed law provides that the filing of a demand by the defendant does not prevent the
admission of the certificate or its contents in any other manner otherwise appropriate
pursuant to present law.
(Amends R.S. 15:501(B); Adds R.S. 15:499(D) and 501(C), (D), and (E))