H-3427.1          _______________________________________________

                                  HOUSE BILL 2303

                  _______________________________________________

State of Washington              52nd Legislature             1992 Regular Session

By Representatives Ludwig, Padden, Riley and Silver

Read first time 01/14/92.  Referred to Committee on Judiciary.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 criminologist conducting the analysis is prima facie evidence of the results of the analytical findings.

     (2) The defendant of a prosecution may subpoena the criminologist 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 thirty days prior to issuing the subpoena the defendant gives the director of the crime laboratory system notice of the defendant's intention to require the criminologist's appearance.