CHAPTER 132

(SB 59)

Use of chemist's affidavits permitted in
parole, probation, and contested case proceedings

         ENTITLED, An Act to  provide for the use of chemist's affidavits in certain parole, probation, and contested case proceedings.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That § 23-3-19.3 be amended to read as follows:

     23-3-19.3.   A copy of a statement of the methods and findings of any examination or analysis conducted by employees of the State Forensic Laboratory or by a certified chemist employed by a law enforcement agency within the state, authenticated under oath by the employee, is prima facie evidence in all grand jury and , court , parole, probation, and contested case proceedings in the State of South Dakota of the facts contained therein reciting the methods and findings.

     The statement has the same force and effect as if the person who performed the analysis or examination had testified in person. An accused person or the accused's attorney may request that the person in the State Forensic Laboratory or the certified chemist employed by a law enforcement agency within the state, who conducted the examination testify in person at a criminal trial , parole revocation, or probation revocation, concerning the examination or analysis.

     Signed February 22, 2006

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