ENROLLED
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ACT No. 693
Regular Session, 2010
HOUSE BILL NO. 375
BY REPRESENTATIVES MORRIS AND WOOTON
AN ACT1
To amend and reenact R.S. 15:499(B) and 501 and to enact R.S. 15:499(D), relative to2
evidence from criminalistics laboratories; to provide for the retention of certain3
records regarding the accreditation and background of analysts and laboratories4
issuing certificates of analysis; to provide for the issuance of a written demand5
regarding testimony of the person signing the certificate of analysis; to provide for6
the procedure for making a demand; to provide for time limitations; and to provide7
for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 15:499(B) and 501 are hereby amended and reenacted and R.S.10
15:499(D) is 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
(1) A description of each analyst's educational background, training, and20
experience.21
(2) A listing of all accreditations held by the laboratory or individual.22
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§501. Notice of opposing party and opportunity to cross-examine expert;1
certification of subpoena request2
A. The party seeking to introduce a certificate made in accordance with R.S.3
15:499 shall, not less than ten forty-five days prior to the commencement of the trial,4
give written notice of intent to offer proof by certificate. Such notice shall include5
a copy of the certificate.6
B.(1) The party against whom such certificate is offered shall be permitted7
to subpoena on cross-examination, the person who performed the examination or8
analysis of the evidence. If the subpoena is requested at least five days prior to the9
commencement of trial or the person subpoenaed responds to the subpoena, the10
certificate shall not be prima facie proof of its contents or of proper custody.11
(2) When the attorney for the defendant, or the defendant acting in his own12
defense, requests that a subpoena issue to the person who performed the examination13
or analysis, the request shall be in writing and shall contain a certification that the14
attorney or the defendant intends in good faith to conduct the cross-examination.15
The attorney for the defendant, or the defendant acting in his own defense,16
if not represented by counsel, may demand that the person making the examination17
or analysis testify by filing a written demand and serving it upon the district attorney18
or attorney general seeking to introduce the certificate. If such a demand is made19
timely as set forth below, the certificate shall not constitute prima facie proof of the20
facts thereon as set forth in R.S. 15:500.21
C. Demand for the testimony of the person making the examination or22
analysis shall be filed and served by counsel for the defendant, or by a defendant23
acting as his own counsel, within thirty days of the receipt of the notice provided for24
in Subsection A of this Section. The trial court may extend this thirty-day period for25
good cause shown if such request is made prior to the expiration of the thirty days.26
D. If no request for additional time is made prior to the expiration of the27
thirty-day period, an extension of time in which to make such a demand may be28
made only upon a showing of exceptional circumstances. Any allegation that such29
circumstances exist shall constitute a preliminary plea on the defendant's behalf for30 ENROLLEDHB NO. 375
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the purposes of Louisiana Code of Criminal Procedure Article 580. The demand1
shall be made in writing and notice shall be served on the district attorney or the2
attorney general prosecuting the matter. The court shall conduct a contradictory3
hearing to determine if the extension is warranted.4
E. The filing of a demand by the defendant does not prevent the admission5
of the certificate or its contents in any other manner otherwise appropriate pursuant6
to the Louisiana Code of Evidence or its ancillaries.7
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: