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NJ 2C:35-19. Laboratory certificates; use; admission into evidence; objections.

NJ Statutes > NJ Drug Crimes Laws > 2C:35-19

Defending NJ 2C:35-19.  Laboratory certificates; use; admission into evidence; objections.

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NJ Statute: 2C:35-19.  Laboratory certificates; use; admission into evidence; objections.

a.   The Attorney General of New Jersey may designate State Forensic Laboratories.  These laboratories shall be staffed by employees of this State or any of the State's political subdivisions. In a proceeding for a violation of the provisions of chapters 35 and 36 of this title or any other statute concerning controlled dangerous substances or controlled dangerous substance analogs, a law enforcement agency may submit to one of these laboratories any substance, including, but not limited to, any substance believed to be a controlled dangerous substance or controlled substance analog thereof, or any poisons, drugs or medicines or human body tissues or fluids. The laboratory shall analyze these substances.
b.   Upon the request of any law enforcement agency, the laboratory employee performing the analysis shall prepare a certificate. This employee shall sign the certificate under oath and shall include in the certificate an attestation as to the result of the analysis.  The presentation of this certificate to a court by any party to a proceeding shall be evidence that all of the requirements and provisions of this section have been complied with. This certificate shall be sworn to before a notary public or other person empowered by law to take oaths and shall contain a statement establishing the following:  the type of analysis performed; the result achieved; any conclusions reached based upon that result; that the subscriber is the person who performed the analysis and made the conclusions; the subscriber's training or experience to perform the analysis; and the nature and condition of the equipment used.  When properly executed, the certificate shall, subject to subsection c. of this section and notwithstanding any other provision of law, be admissible evidence of the composition, quality, and quantity of the substance submitted to the laboratory for analysis, and the court shall take judicial notice of the signature of the person performing the analysis and of the fact that he is that person.
c.   Whenever a party intends to proffer in a criminal or quasi-criminal proceeding, a certificate executed pursuant to this section, notice of an intent to proffer that certificate and all reports relating to the analysis in question, including a copy of the certificate, shall be conveyed to the opposing party or parties at least 20 days before the proceeding begins.  An opposing party who intends to object to the admission into evidence of a certificate shall give notice of objection and the grounds for the objection within 10 days upon receiving the adversary's notice of intent to proffer the certificate.  Whenever a notice of objection is filed, admissibility of the certificate shall be determined not later than two days before the beginning of the trial.  A proffered certificate shall be admitted in evidence unless it appears from the notice of objection and specific grounds for that objection that the composition, quality, or quantity of the substance submitted to the laboratory for analysis will be contested at trial.  A failure to comply with the time limitations regarding the notice of objection required by this section shall constitute a waiver of any objections to the admission of the certificate.  The time limitations set forth in this section shall not be relaxed except upon a showing of good cause.
L.1987, c.106, s.1; amended 1988,c.44,s.9.

AKA: NJ Criminal Charge 2C:35-19, Violation 2C:35-19, Offense 2C:35-19

Next > 2C:35-20.  Forensic laboratory fees.
Disclaimer: A copy of this statute has been provided for your information. This wording was current from the NJ website as of August 2012.

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