HARRY HUGHES, Governor

2875

(d)  A copy of the results of each blood test shall be
provided to the parties or their counsel in the manner that the
court directs.

(e)  (1) The results of each blood test [may] SHALL be
received in evidence if:

(i) definite exclusion is established; or

(ii) the testing is sufficiently extensive to
exclude 97.3% of alleged fathers who are not biological fathers,
and the statistical probability of the alleged father's paternity
is at least 97.3%.

(2)  A laboratory report is prima facie evidence of
the results of a blood test.

(3)   If a laboratory report is admitted in evidence,
the laboratory technician who made the test is subject to
cross-examination by any party to the proceeding.

(4) IF A PARTY WISHES TO CROSS-EXAMINE THE LABORATORY
TECHNICIAN WHO MADE THE TEST, THE PARTY IS RESPONSIBLE FOR
SECURING THE APPEARANCE IN COURT OF THE LABORATORY TECHNICIAN.

(f)   If any individual fails to submit to a blood test
ordered by the court, that refusal, properly introduced in
evidence:

(1)   shall be disclosed to the court and jury; and

(2)  may be commented on by the court or by counsel.

(g)  (1) Unless indigent, the party who requests a blood
test OR WHO SECURES THE APPEARANCE IN COURT OF THE LABORATORY
TECHNICIAN WHO MADE THE TEST is responsible for the cost of the
test AND THE COSTS ASSOCIATED WITH THE COURT APPEARANCE.
However, if the requesting party prevails in the proceeding, the
court shall assess the cost of the blood test AND OR THE COSTS
ASSOCIATED WITH THE COURT APPEARANCE against the other parties to
the proceeding.

(2) If any party chargeable with the cost of the
blood test OR THE COSTS ASSOCIATED WITH COURT APPEARANCE is
indigent, the cost of the blood test OR THE COSTS ASSOCIATED WITH
THE COURT APPEARANCE shall be borne by the county where the
proceeding is pending, except to the extent that the court orders
any other party to the proceeding to pay all or part of the cost.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect October 1, 1984.

Approved May 29, 1984.