January 27, 2012
SENATE BILL No. 246
DIGEST OF SB 246
(Updated January 25, 2012 1:55 pm - DI 106)
Citations Affected: IC 35-36.
Synopsis: Lab technician testimony in criminal cases. Requires a
prosecuting attorney who intends to introduce a laboratory report into
evidence to file a notice of intent at least 20 days before the trial, and
requires a defendant who wishes to cross-examine the technician who
prepared the laboratory report to file a pretrial demand for
cross-examination not later than ten days after receiving the notice
from the prosecutor. Prohibits a prosecuting attorney who fails to
comply with the notice requirement from introducing a laboratory
report into evidence without the testimony of the person who prepares
the report, and provides that a defendant who does not comply with the
demand requirement waives the right to confront and cross-examine
the person who prepared the laboratory report.
Effective: July 1, 2012.
Bray, Zakas, Steele, Randolph
January 4, 2012, read first time and referred to Committee on Judiciary.
January 26, 2012, amended, reported favorably _ Do Pass.
January 27, 2012
Second Regular Session 117th General Assembly (2012)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type
, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type
. Also, the
will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type
this style type
between statutes enacted by the 2011 Regular Session of the General Assembly.
SENATE BILL No. 246
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 35-36-11; (12)SB0246.1.1. -->
SECTION 1. IC 35-36-11 IS ADDED TO THE INDIANA CODE
AS A NEW
CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]:
Chapter 11. Laboratory Reports
Sec. 1. As used in this chapter, "laboratory report" means a
written report or affidavit relating to the results of a scientific test
that is prepared for use at trial or to assist in a law enforcement
Sec. 2. If the prosecuting attorney intends to introduce a
laboratory report as evidence in a criminal trial, the prosecuting
attorney must file a notice of intent to introduce the laboratory
report not later than twenty (20) days before the trial date, unless
the court establishes a different time.
Sec. 3. If the defendant wishes for the person who prepared the
laboratory report to be present at the trial for cross-examination,
the defendant must file a demand for cross-examination not later
than ten (10) days after the defendant receives the notice filed
under section 2 of this chapter, unless the court establishes a
Sec. 4. If the prosecuting attorney does not comply with section
2 of this chapter, the prosecuting attorney may not introduce the
laboratory report into evidence without the testimony of the person
who conducted the test and prepared the laboratory report.
Sec. 5. If the prosecuting attorney complies with section 2 of this
chapter and the defendant does not comply with section 3 of this
chapter, the defendant waives the right to confront and
cross-examine the person who prepared the laboratory report.