Senate Bill 2841

AN ACT TO CREATE A PROCEDURE FOR NOTICE OF APPEARANCE FOR CRIME LAB PERSONNEL IN CERTAIN MISDEMEANOR PROSECUTIONS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) (a) An accused person or the accused person's attorney may request, by notifying the prosecuting attorney, in writing, at least ten (10) days before the trial of a misdemeanor criminal offense, that the following person(s) testify in person at the trial on behalf of the state:

(i) A person who performed the laboratory analysis or examination concerning a report of the facts and results of any laboratory analysis or examination if it is prepared and attested by the person performing the laboratory analysis or examination in any laboratory operated by the Mississippi Crime Laboratory or authorized by the said Mississippi Crime Laboratory to conduct an analysis or examination; or

(ii) A person who prepared a blood sample report from a blood sample withdrawn under the Mississippi Implied Consent Law.

(b) When an accused person or the accused person's attorney has notified the prosecuting attorney that the analysis is requested to testify at the misdemeanor criminal proceeding, if the accused person is convicted or pleads guilty to the misdemeanor crime as charged, the accused person shall be assessed the full cost for the attendance of what witness, including, but not limited to, all costs of transportation.

(2) If the accused person or the accused person's attorney does not comply with the ten-day requirement of subsection (1) of this section, the prosecutor is not required to produce the person who performed the analysis or examination or prepared the report.

SECTION 2. This act shall take effect and be in force from and after July 1, 2012.