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- Alaska Statutes.
- Title 12. Code of Criminal Procedure
- Chapter 45. Trial, Evidence, Compromise
- Section 84. Laboratory Report of Controlled Substances.
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. Mental Disease or Defect Excluding Responsibility. [Repealed, Sec. 42 Ch 143 SLA 1982. For Present Provisions, See AS 12.47
next: Section 85
. Evidence of Mental Disease or Defect. [Repealed, Sec. 42 Ch 143 SLA 1982. For Present Provisions, See AS 12.47
AS 12.45.084. Laboratory Report of Controlled Substances.
- (a) In a prosecution under AS 11.71.010
- 11.71.070, a complete copy of an official
laboratory report from the Department of Public Safety or a laboratory operated by another law enforcement agency is
prima facie evidence of the content, identity, and weight of a controlled substance. The report must be signed by the
person performing the analysis and must state that the substance which is the basis of the alleged offense has been
weighed and analyzed. In the report, the author shall state with specificity findings as to the content, weight, and
identity of the substance.
- (b) A sworn statement prepared by the author of the report provided for in (a) of this section must be attached to the
report. The statement must set out the identity of the author and include a statement that the author is an employee
of the laboratory issuing the report and that performing the analysis is a part of the author's regular duties. The
statement must also include an outline of the author's education, training, and experience for performing an analysis.
The author shall state that scientifically accepted tests were performed with due caution, and whether to the author's
knowledge the evidence was handled in accordance with established and accepted procedures while in the custody of the
- (c) The prosecuting attorney shall serve a copy of the report on the attorney of record for the accused, or on the
defendant if the defendant has no attorney, not later than 20 days before a proceeding in which the report is to be
used against the accused. However, at a preliminary hearing or grand jury proceeding, the report may be used without
having previously been served upon the accused.
- (d) The accused or the accused's attorney may demand the testimony of the person signing the report, by serving a written
demand showing cause upon the prosecuting attorney within seven days from receipt of the report.
- (e) A report issued for use under this section must contain notice of the right of the accused to demand the testimony of
the person signing the report.
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