CHAPTER 70 HOUSE BILL No. 2138 An Act concerning criminal procedure; relating to forensic examinations; certification pro-
cedures; amending K.S.A. 2002 Supp. 22-3437 and repealing the existing section. Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 2002 Supp. 22-3437 is hereby amended to read as
follows: 22-3437. (1) In any hearing or trial, a report concerning forensic
examinations and certificate of forensic examination executed pursuant
to this section shall be admissible in evidence if the report and certificate
are prepared and attested by a criminalist or other employee of the Kansas
bureau of investigation, Kansas highway patrol or any laboratory of the
federal bureau of investigation, federal postal inspection service, federal
bureau of alcohol, tobacco and firearms or federal drug enforcement ad-
ministration. If the examination involves a breath test for alcohol content,
the report must also be admissible pursuant to subsection (f) of K.S.A. 8-
1001, and amendments thereto, and be conducted by a law enforcement
officer or other person who is certified by the department of health and
environment as a breath test operator as provided by K.S.A. 65-1,107 et
seq. and amendments thereto.

      (2) Upon the request of any law enforcement agency, such person as
provided in subsection (1) performing the analysis shall prepare a certif-
icate. Such person shall sign the certificate under oath and shall include
in the certificate an attestation as to the result of the analysis. The pres-
entation 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 supported by a written
declaration pursuant to K.S.A. 53-601 and amendments thereto or 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 expe-
rience to perform the analysis; the nature and condition of the equipment
used; and the certification and foundation requirements for admissibility
of breath test results, when appropriate. When properly executed, the
certificate shall, subject to the provisions of subsection (3) and notwith-
standing any other provision of law, be admissible evidence of the results
of the forensic examination of the samples or evidence submitted for
analysis and the court shall take judicial notice of the signature of the
person performing the analysis and of the fact that such person is that
person who performed the analysis.

      (3) Whenever a party intends to proffer in a criminal or civil pro-
ceeding, a certificate executed pursuant to this section, notice of an intent
to proffer that certificate and the reports relating to the analysis in ques-
tion, including a copy of the certificate, shall be conveyed to the opposing
party or parties within 20 days after arraignment, if a criminal proceeding
or at least 20 days before the beginning of a civil trial begins hearing
where the proffer will be used. 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 ad-
versary'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 certif-
icate shall be admitted in evidence unless it appears from the notice of
objection and grounds for that objection that the conclusions of the cer-
tificate, including the composition, quality or quantity of the substance
submitted to the laboratory for analysis or the alcohol content of a blood
or breath sample 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 certif-
icate. The time limitations set forth in this section may be extended upon
a showing of good cause.

 Sec.  2. K.S.A. 2002 Supp. 22-3437 is hereby repealed.

 Sec.  3. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 14, 2003.
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