Oklahoma § 63-4210.12 - Laboratory report - Evidence

§ 63-4210.12. Laboratory report - Evidence

A. At any proceeding held relevant to this act, a report of the

findings of the laboratory of the Oklahoma State Bureau of

Investigation, the medical examiner's report of investigation or

autopsy report, or a laboratory report from a forensic laboratory

operated by the State of Oklahoma or any political subdivision

thereof, which has been made available to the person or an

authorized representative at least five (5) days prior to the

hearing, with reference to all or part of the evidence submitted,

when certified as correct by the persons making the report shall be

received as evidence of the facts and findings stated, if relevant

and otherwise admissible in evidence. If the report is deemed

relevant by either party, the court shall admit the report without

the testimony of the person making the report, unless the court,

pursuant to this subsection, orders the person to appear.

B. When any alleged controlled dangerous substance has been

submitted to the laboratory of the Oklahoma State Bureau of

Investigation for analysis, and the analysis shows that the

submitted material is a controlled dangerous substance, the

distribution of which constitutes a felony under the laws of this

state, no portion of the substance shall be released to any other

person or laboratory absent an order of a district court. The

defendant shall additionally be required to submit to the court a

procedure for transfer and analysis of the subject material to

ensure the integrity of the sample and to prevent the material from

being used in any illegal manner.

C. The court, upon motion of either party, shall order the

attendance of any person preparing a report submitted as evidence in

the hearing when it appears there is a substantial likelihood that

material evidence not contained in the report may be produced by the

testimony of any person having prepared a report. The hearing shall

be held and, if sustained, an order issued not less than five (5)

days prior to the time when the testimony shall be required.

D. If within five (5) days prior to the hearing or during a

hearing, a motion is made pursuant to this section requiring a

person having prepared a report to testify, the court may hear a

report or other evidence but shall continue the hearing until such

time notice of the motion and hearing is given to the person making

the report, the motion is heard, and, if sustained, the testimony

ordered can be given.

Added by Laws 2011, c. 201, § 6, eff. July 1, 2011.