§ 8-58.20. Forensic analysis admissible as evidence.
Article 7C.
Admissibility of ForensicEvidence.
§ 8‑58.20. Forensicanalysis admissible as evidence.
(a) In any criminalprosecution, a laboratory report of a written forensic analysis, including ananalysis of the defendant's DNA, or a forensic sample alleged to be thedefendant's DNA, as that term is defined in G.S. 15A‑266.2(2), thatstates the results of the analysis and that is signed and sworn to by theperson performing the analysis may be admissible in evidence without thetestimony of the analyst who prepared the report in accordance with therequirements of this section.
(b) A forensicanalysis, to be admissible under this section, shall be performed in accordancewith rules or procedures adopted by the State Bureau of Investigation, or byanother laboratory accredited by the American Society of Crime LaboratoryDirectors/Laboratory Accreditation Board (ASCLD/LAB) for the submission,identification, analysis, and storage of forensic analyses. The analyses of DNAsamples and typing results of DNA samples shall be performed in accordance withthe rules or procedures of the State Bureau of Investigation or other ASCLD/LAB‑accreditedlaboratory.
(c) The analyst whoanalyzes the forensic sample and signs the report shall complete an affidaviton a form developed by the State Bureau of Investigation. In the affidavit, theanalyst shall state (i) that the person is qualified by education, training,and experience to perform the analysis, (ii) the name and location of thelaboratory where the analysis was performed, and (iii) that performing theanalysis is part of that person's regular duties. The analyst shall also averin the affidavit that the tests were performed pursuant to the ASCLD/LABstandards for that discipline and that the evidence was handled in accordancewith established and accepted procedures while in the custody of thelaboratory. The affidavit shall be sufficient to constitute prima facieevidence regarding the person's qualifications. The analyst shall attach theaffidavit to the laboratory report and shall provide the affidavit to theinvestigating officer and the district attorney in the prosecutorial districtin which the criminal charges are pending. An affidavit by a forensic analystsworn to and properly executed before an official authorized to administeroaths is admissible in evidence without further authentication in any criminalproceeding with respect to the forensic analysis administered and theprocedures followed.
(d) The districtattorney shall serve a copy of the laboratory report and affidavit and indicatewhether the report and affidavit will be offered as evidence at any proceedingagainst the defendant on the attorney of record for the defendant, or on thedefendant if that person has no attorney, no later than five business daysafter receiving the report and affidavit, or 30 business days before anyproceeding in which the report may be used against the defendant, whicheveroccurs first.
(e) Upon receipt of acopy of the laboratory report and affidavit, the attorney of record for thedefendant or the defendant if that person has no attorney, shall have 15business days to file a written objection to the use of the laboratory reportand affidavit at any proceeding against the defendant. The written objectionshall be filed with the court in which the matter is pending with a copyprovided to the district attorney.
(f) If the defendant'sattorney of record, or the defendant if that person has no attorney, fails tofile a written objection with the court to the use of the laboratory report andaffidavit within the time allowed by this section, then the laboratory reportand affidavit may be admitted in evidence in any proceeding without thetestimony of the analyst subject to the presiding judge ruling otherwise at theproceeding when offered. If, however, a written objection is filed, thissection does not apply and the admissibility of the evidence shall bedetermined and governed by the appropriate rules of evidence.
(g) Procedure forEstablishing Chain of Custody of Evidence Subject to Forensic Analysis WithoutCalling Unnecessary Witnesses.
(1) For the purpose ofestablishing the chain of physical custody or control of evidence that has beensubjected to forensic analysis performed as provided in subsection (b) of thissection, a statement signed by each successive person in the chain of custodythat the person delivered it to the other person indicated on or about the datestated is prima facie evidence that the person had custody and made thedelivery as stated, without the necessity of a personal appearance in court bythe person signing the statement.
(2) The statement shallcontain a sufficient description of the material or its container so as todistinguish it as the particular item in question and shall state that thematerial was delivered in essentially the same condition as received. Thestatement may be placed on the same document as the report provided for insubsection (a) of this section.
(3) The provisions ofthis subsection may be utilized by the State only if (i) the State notifies thedefendant at least 15 business days before any proceeding at which thestatement would be used of its intention to introduce the statement intoevidence under this subsection and provides the defendant with a copy of thestatement and (ii) the defendant fails to file a written notification with thecourt, with a copy to the State, at least five business days before theproceeding that the defendant objects to the introduction of the statement intoevidence.
(4) In lieu of the noticerequired in subdivision (3) of this subsection, the State may include thestatement with the laboratory report and affidavit, as provided in subsection(d) of this section.
(5) If the defendant'sattorney of record, or the defendant if that person has no attorney, fails tofile the written objection as provided in this subsection, then the statementmay be admitted into evidence without the necessity of a personal appearance bythe person signing the statement.
(6) Upon filing a timelyobjection, the admissibility of the statement shall be determined and governedby the appropriate rules of evidence.
Nothing in this subsectionprecludes the right of any party to call any witness or to introduce anyevidence supporting or contradicting the evidence contained in the statement. (2004‑124, s. 15.2(c);2007‑484, s. 1; 2009‑473, ss. 1, 2.)