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SUBSTITUTE
SENATE BILL 6055
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AS
AMENDED BY THE HOUSE
Passed
Legislature - 1992 Regular Session
State of Washington 52nd
Legislature 1992 Regular Session
Read first time 01/23/92.
Providing for the
use as evidence the reports by or testimony from criminologists of the state's
crime laboratory.
AN ACT
Relating to the crime laboratory system of the state patrol; adding new
sections to chapter 43.43 RCW; and prescribing penalties.
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.
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.
