Key: (1) language to be deleted (2) new language
CHAPTER 29-S.F.No. 942
An act relating to evidence; authorizing admission in
evidence of chain of custody documentation; amending
Minnesota Statutes 2002, section 634.15, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2002, section 634.15,
subdivision 1, is amended to read:
Subdivision 1. [CERTIFICATES OF ANALYSIS; BLOOD SAMPLE
REPORTS; CHAIN OF CUSTODY.] In any hearing or trial of a
criminal offense or petty misdemeanor or proceeding pursuant to
section 169A.53, subdivision 3, the following reports documents
shall be admissible in evidence:
(a) a report of the facts and results of a any 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(b) a report of a blood sample withdrawn under the implied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; and
(c) a verified chain of custody of a specimen while under
the control of a laboratory described in clause (a).
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 May 8, 2003
Signed by the governor May 12, 2003, 11:58 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes