1997 Minnesota Statutes

     634.15 Admission into evidence of certain certificates 
  of analysis and blood sample reports. 

    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 169.123, 
 subdivision 6, 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    (b) A report of a blood sample withdrawn under the implied 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 169.123, subdivision 3; 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. 

    Subd. 2.    Testimony at trial.  Except in civil 
 proceedings, including proceedings under section 169.123, an 
 accused person or the accused person's attorney may request, by 
 notifying the prosecuting attorney at least ten days before the 
 trial, that the following persons testify in person at the trial 
 on behalf of the state:  

    (a) A person who performed the laboratory analysis or 
 examination for the report described in subdivision 1, clause 
 (a); or 

    (b) A person who prepared the blood sample report described 
 in subdivision 1, clause (b). 

    If a petitioner in a proceeding under section 169.123 
 subpoenas a person described in paragraph (a) or (b) to testify 
 at the proceeding, the petitioner is not required to pay the 
 person witness fees under section 357.22 in excess of $100. 

    HIST: 1980 c 553 s 3; 1982 c 423 s 14; 1986 c 444; 1Sp1997 c 2 
 s 65