H-4520.2          _______________________________________________

                            SUBSTITUTE HOUSE BILL 2303

                  _______________________________________________

State of Washington              52nd Legislature             1992 Regular Session

By House Committee on Judiciary (originally sponsored by Representatives Ludwig, Padden, Riley and Silver)

Read first time 02/07/92.  Providing for the use as evidence of reports by or testimony from criminologists of the state's crime laboratory.

     AN ACT Relating to the crime laboratory system of the state patrol; and adding a new section to chapter 43.43 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 43.43 RCW to read as follows:

     (1) In all prosecutions involving the analysis of a controlled substance or a sample of a controlled substance by the crime laboratory system of the state patrol, a certified copy of the analytical report signed by the supervisor of the state patrol's crime laboratory or the forensic scientist conducting the analysis is prima facie evidence of the results of the analytical findings.

     (2) The defendant or a prosecutor may subpoena the forensic scientist who conducted the analysis of the substance to testify at the preliminary hearing and trial of the issue at no cost to the defendant, if the subpoena is issued at least ten days prior to the trial date.