VETOES
TESTIMONY OF THE LABORATORY TECHNICIAN, THE PARTY OFFERING THE
LABORATORY REPORT SHALL NOTIFY THE OTHER PARTY TO THE PROCEEDING
OF ITS INTENTION AT LEAST 20 DAYS BEFORE TRIAL.
(4) IF ANY PARTY DESIRES THE TECHNICIAN TO BE PRESENT
AND TESTIFY AT TRIAL, THE PARTY SHALL NOTIFY THE COURT AND THE
OPPOSING PARTY IN WRITING NO LATER THAN 10 DAYS BEFORE TRIAL. IF
TIMELY AND PROPER NOTICE IS GIVEN, THE TEST RESULTS ARE
INADMISSIBLE WITHOUT THE TESTIMONY OF THE TECHNICIAN.
(5) FAILURE TO GIVE TIMELY AND PROPER NOTICE
CONSTITUTES A WAIVER OF THE RIGHT TO THE PRESENCE AND TESTIMONY
OF THE TECHNICIAN.
(3) IF A PARTY INTENDS TO INTRODUCE A LABORATORY
REPORT IN EVIDENCE WITHOUT THE TESTIMONY OF THE LABORATORY
TECHNICIAN OR ANALYST, THE PARTY WHO INTENDS TO OFFER THE
LABORATORY REPORT SHALL NOTIFY THE OTHER PARTY TO THE PROCEEDING
OF ITS INTENTION AT LEAST 20 DAYS BEFORE TRIAL.
(4) (I) IF ANY PARTY DESIRES THE TECHNICIAN OR
ANALYST TO BE PRESENT AND TO TESTIFY AT TRIAL, THE PARTY SHALL
NOTIFY THE COURT AND THE OPPOSING PARTY IN WRITING NOT LATER THAN
5 DAYS BEFORE TRIAL.
(II) IF TIMELY AND PROPER NOTICE UNDER THIS
PARAGRAPH IS GIVEN, THE TEST RESULTS ARE INADMISSIBLE UNLESS THE
TECHNICIAN OR ANALYST IS PRESENT AT TRIAL AND SUBJECT TO
CROSS-EXAMINATION BY ANY PARTY TO THE PROCEEDING.
(5) FAILURE TO GIVE TIMELY AND PROPER NOTICE UNDER
PARAGRAPH (4) OF THIS SUBSECTION CONSTITUTES A WAIVER OF THE
RIGHT TO THE PRESENCE AND TESTIMONY OF THE TECHNICIAN OR ANALYST.
(F) A COPY OF THE LABORATORY REPORT OF THE RESULTS OF THE
BLOOD TEST IS ADMISSIBLE AS SUBSTANTIVE EVIDENCE WITHOUT THE
PRESENCE OR TESTIMONY OF THE LABORATORY TECHNICIAN OR ANALYST IF
THE REPORT;
(1) IS SIGNED BY THE LABORATORY TECHNICIAN OR
ANALYST; AND
(2) STATES THAT THE RESULT OF THE BLOOD TEST IS AS
STATED IN THE REPORT.
SECTION 2 3. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1988.
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