HF 909

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to evidence; authorizing admission in 
  1.3             evidence of chain of custody documentation; amending 
  1.4             Minnesota Statutes 2002, section 634.15, subdivision 1.
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2002, section 634.15, 
  1.7   subdivision 1, is amended to read: 
  1.8      Subdivision 1.  [CERTIFICATES OF ANALYSIS; BLOOD SAMPLE 
  1.9   REPORTS; CHAIN OF CUSTODY.] In any hearing or trial of a 
  1.10  criminal offense or petty misdemeanor or proceeding pursuant to 
  1.11  section 169A.53, subdivision 3, the following reports documents 
  1.12  shall be admissible in evidence:  
  1.13     (a) a report of the facts and results of a any laboratory 
  1.14  analysis or examination if it is prepared and attested by the 
  1.15  person performing the laboratory analysis or examination in any 
  1.16  laboratory operated by the bureau of criminal apprehension or 
  1.17  authorized by the bureau to conduct an analysis or examination, 
  1.18  or in any laboratory of the federal bureau of investigation, the 
  1.19  federal postal inspection service, the federal bureau of 
  1.20  alcohol, tobacco and firearms, or the federal drug enforcement 
  1.21  administration; and 
  1.22     (b) a report of a blood sample withdrawn under the implied 
  1.23  consent law if:  
  1.24     (i) The report was prepared by the person who administered 
  1.25  the test; 
  2.1      (ii) The person who withdrew the blood sample was competent 
  2.2   to administer the test under section 169A.51, subdivision 7; and 
  2.3      (iii) The report was prepared consistent with any 
  2.4   applicable rules promulgated by the commissioner of public 
  2.5   safety; and 
  2.6      (c) a verified chain of custody of a specimen while under 
  2.7   the control of a laboratory described in clause (a).  
  2.8      A report described in clause (a) purported to be signed by 
  2.9   the person performing the analysis or examination in a 
  2.10  laboratory named in that clause, or a blood sample report 
  2.11  described in clause (b) purported to be signed by the person who 
  2.12  withdrew the blood sample shall be admissible as evidence 
  2.13  without proof of the seal, signature or official character of 
  2.14  the person whose name is signed to it.  The signature in clause 
  2.15  (a) or (b) can be written or in electronic format.