Revision: Jan. 24, 2017, 10:22 a.m.
SB 60 - AS INTRODUCED
2017 SESSION
17-0771
01/09
SENATE BILL 60
AN ACT relative to chemical analyses of controlled drugs.
SPONSORS: Sen. D'Allesandro, Dist 20; Sen. Lasky, Dist 13; Rep. Welch, Rock. 13
COMMITTEE: Health and Human Services
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This bill eliminates the requirement for notarization of the results of chemical analyses of controlled drugs and allows them to be signed under penalty of unsworn falsification.
This bill was requested by the department of safety.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
17-0771
01/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seventeen
AN ACT relative to chemical analyses of controlled drugs.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Controlled Drug Act; Chemical Analysis. Amend RSA 318-B:26-a, I to read as follows:
I. Upon the request of the attorney general, a county attorney or any law enforcement agency, the laboratory employee performing the chemical analysis shall prepare a certificate. The employee shall sign the certificate under [oath] penalties of unsworn falsification pursuant to RSA 641:3 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 paragraph II 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 or she is that person.