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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. 15:499(B) and 501(B) and to enact R.S. 15:499(D) and 501(C),2
(D), and (E), relative to evidence from criminalistics laboratories; to provide for the3
retention of certain records regarding the accreditation and background of analysts4
and laboratories issuing certificates of analysis; to provide for the issuance of a5
written demand regarding testimony of the person signing the certificate of analysis;6
to provide for the procedure for making a demand; to provide for time limitations;7
and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 15:499(B) and 501(B) are hereby amended and reenacted and R.S.10
15:499(D) and 501(C), (D), and (E) are hereby enacted to read as follows: 11
§499. Certificates of analysis 12
* * *13
B. The certificate shall give the name and address of the facility in which the14
examination or analysis was made, and shall be signed by the person making the15
examination or analysis and by the person in charge of the facility.16
* * *17
D. All organizations, entities, or persons issuing certificates as set forth in18
this Section shall retain and provide upon written request all of the following:19 HLS 10RS-1250 ENGROSSED
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(1) A description of each analyst's educational background, training, and1
experience.2
(2) A listing of all accreditations held by the laboratory or individual.3
* * *4
§501. Notice of opposing party and opportunity to cross-examine expert;5
certification of subpoena request6
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B.(1) The party against whom such certificate is offered shall be permitted8
to subpoena on cross-examination, the person who performed the examination or9
analysis of the evidence. If the subpoena is requested at least five days prior to the10
commencement of trial or the person subpoenaed responds to the subpoena, the11
certificate shall not be prima facie proof of its contents or of proper custody.12
(2) When the attorney for the defendant, or the defendant acting in his own13
defense, requests that a subpoena issue to the person who performed the examination14
or analysis, the request shall be in writing and shall contain a certification that the15
attorney or the defendant intends in good faith to conduct the cross-examination.16
The attorney for the defendant, or the defendant acting in his own defense,17
if not represented by counsel, may demand that the person making the examination18
or analysis testify by filing a written demand and serving it upon the district attorney19
or attorney general seeking to introduce the certificate. If such a demand is made20
timely as set forth below, the certificate shall not constitute prima facie proof of the21
facts thereon as set forth in R.S. 15:500.22
C. Demand for the testimony of the person making the examination or23
analysis shall be filed and served by counsel for the defendant, or by a defendant24
acting as his own counsel, within fifteen days of the receipt of the notice provided25
for in Subsection A of this Section. The trial court may extend this fifteen-day26
period for good cause shown if such request is made prior to the expiration of the27
fifteen days.28 HLS 10RS-1250 ENGROSSED
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D. If no request for additional time is made prior to the expiration of the1
fifteen-day period, an extension of time in which to make such a demand may be2
made only upon a showing of exceptional circumstances. Any allegation that such3
circumstances exist shall constitute a preliminary plea on the defendant's behalf for4
the purposes of Louisiana Code of Criminal Procedure Article 580. The demand5
shall be made in writing and notice shall be served on the district attorney or the6
attorney general prosecuting the matter. The court shall conduct a contradictory7
hearing to determine if the extension is warranted.8
E. The filing of a demand by the defendant does not prevent the admission9
of the certificate or its contents in any other manner otherwise appropriate pursuant10
to the Louisiana Code of Evidence or its ancillaries.11
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 certificate shall give the name and address of the facility in
which the examination or analysis was made and shall be signed by the person making the
examination or analysis and by the person in charge of the facility.
Proposed law removes requirement that the person in charge of the facility sign the
examination or analysis and otherwise retains present law.
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 issued 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 making the examination or analysis testify by filing a written demand and serving it HLS 10RS-1250 ENGROSSED
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upon the district attorney or attorney general seeking to introduce the certificate. If such a
demand is made timely, 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 making the
analysis shall be filed and served by counsel for the defendant, or by a defendant acting as
his own counsel within 15 days of the receipt of notice. 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. The
demand shall be made in writing and notice shall be served on the district attorney or the
attorney general prosecuting the matter. The court shall conduct a contradictory hearing to
determine if the extension is warranted.
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. 15:499(B) and 501(B); Adds R.S. 15:499(D) and 501(C), (D), and (E))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill.
1. Changed requirements from the person signing the certificate to the person
making the examination or analysis.
2. Removed requirement that the person in charge of the facility sign the
examination or analysis.
3. Provided that the extension of time to demand testimony shall be made in writing
and notice shall be served on the district attorney or the attorney general
prosecuting the matter. Required the court to conduct a contradictory hearing to
determine if the extension is warranted.
4. Made technical changes.