6055-S AMH APPE H4900.2

SHB 6055 - H AMD  0284  ADOPTED  3/3/92

By Representative Ludwig

    Strike everything after the enacting clause and insert the following:

    "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."

    "NEW SECTION. Sec. 2.    (1) When a person has been adjudged guilty of violating any criminal statute of this state and a crime laboratory analysis was performed by a state crime laboratory, in addition to any other disposition, penalty, or fine imposed, the court shall levy a crime laboratory analysis fee of one hundred dollars for each offense for which the person was convicted.  Upon a verified petition by the person assessed the fee, the court may suspend payment of all or part of the fee if it finds that the person does not have the ability to pay the fee.

    (2) When a minor has been adjudicated a juvenile offender for an offense which, if committed by an adult, would constitute a violation of any criminal statute of this state and a crime laboratory analysis was performed, in addition to any other disposition imposed, the court shall assess a crime laboratory analysis fee of one hundred dollars for each adjudication.  Upon a verified petition by a minor assessed the fee, the court may suspend payment of all or part of the fee it finds that the minor does not have the ability to pay the fee.

    (3) All crime laboratory analysis fees assessed under this section shall be collected by the clerk of the court and forwarded to the state general fund, to be used only for crime laboratories.  The clerk may retain five dollars to defray the costs of collecting the fees."

    "NEW SECTION. Sec. 3.    Sections 1 and 2 of this act are each added to chapter 43.43 RCW."

SHB 6055 - H AMD

By Representative Appelwick

    On page 1, line 1 of the title, after "patrol;" strike the remainder of the title and insert "adding new sections to chapter 43.43 RCW; and prescribing penalties."