CERTIFICATION OF ENROLLMENT

 

                  SUBSTITUTE SENATE BILL 6055

 

                   Chapter 129, Laws of 1992

 

                               

 

 

                        52nd Legislature

                      1992 Regular Session

 

 

          STATE CRIME LABORATORY REPORT AS EVIDENCE IN

               CONTROLLED SUBSTANCES PROSECUTIONS

 

 

                    EFFECTIVE DATE:  6/11/92

Passed by the Senate March 8, 1992

  Yeas  47   Nays  0

 

 

 

               JOEL PRITCHARD

President of the Senate

 

Passed by the House March 3, 1992

  Yeas  96   Nays  0

               CERTIFICATE

 

I, Gordon Golob, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 6055 as passed by the Senate and the House of Representatives on the dates hereon set forth.

 

 

 

                   JOE KING

Speaker of the

       House of Representatives

             GORDON A. GOLOB

                                 Secretary

 

 

Approved March 31, 1992 Place Style On Codes above, and Style Off Codes below.

                                     FILED          

 

               March 31, 1992 - 12:30 p.m.

 

 

 

               BOOTH GARDNER

Governor of the State of Washington

                        Secretary of State

                       State of Washington


                  _______________________________________________

 

                            SUBSTITUTE SENATE BILL 6055

                  _______________________________________________

 

                              AS AMENDED BY THE HOUSE

 

                     Passed Legislature - 1992 Regular Session

 

State of Washington              52nd Legislature             1992 Regular Session

 

By Senate Committee on Law & Justice (originally sponsored by Senators Nelson, Madsen and Newhouse)

 

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.


     Passed the Senate March 8, 1992.

     Passed the House March 3, 1992.

Approved by the Governor March 31, 1992.

     Filed in Office of Secretary of State March 31, 1992.