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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 301-S.F.No. 3244 
                  An act relating to evidence; authorizing electronic 
                  signature on certain laboratory blood sample reports; 
                  amending Minnesota Statutes 2000, section 634.15, 
                  subdivision 1. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 634.15, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CERTIFICATES OF ANALYSIS; BLOOD SAMPLE 
        REPORTS.] In any hearing or trial of a criminal offense or petty 
        misdemeanor or proceeding pursuant to section 169A.53, 
        subdivision 3, the following reports shall be admissible in 
        evidence:  
           (a) A report of the facts and results of a laboratory 
        analysis or examination if it is prepared and attested by the 
        person performing the laboratory analysis or examination in any 
        laboratory operated by the bureau of criminal apprehension or 
        authorized by the bureau to conduct an analysis or examination, 
        or in any laboratory of the federal bureau of investigation, the 
        federal postal inspection service, the federal bureau of 
        alcohol, tobacco and firearms, or the federal drug enforcement 
        administration; and 
           (b) A report of a blood sample withdrawn under the implied 
        consent law if:  
           (i) The report was prepared by the person who administered 
        the test; 
           (ii) The person who withdrew the blood sample was competent 
        to administer the test under section 169A.51, subdivision 7; and 
           (iii) The report was prepared consistent with any 
        applicable rules promulgated by the commissioner of public 
        safety.  
           A report described in clause (a) purported to be signed by 
        the person performing the analysis or examination in a 
        laboratory named in that clause, or a blood sample report 
        described in clause (b) purported to be signed by the person who 
        withdrew the blood sample shall be admissible as evidence 
        without proof of the seal, signature or official character of 
        the person whose name is signed to it.  The signature in clause 
        (a) or (b) can be written or in electronic format. 
           Presented to the governor March 26, 2002 
           Signed by the governor March 27, 2002, 3:37 p.m.