§ 19.2-187. Admission into evidence of certain certificates of analysis.
In any hearing or trial of any criminal offense or in any proceeding broughtpursuant to Chapter 22.1 (§ 19.2-386.1 et seq.) of this title, a certificateof analysis of a person performing an analysis or examination, duly attestedby such person, shall be admissible in evidence as evidence of the factstherein stated and the results of the analysis or examination referred totherein, provided (i) the certificate of analysis is filed with the clerk ofthe court hearing the case at least seven days prior to the proceeding if theattorney for the Commonwealth intends to offer it into evidence in apreliminary hearing or the accused intends to offer it into evidence in anyhearing or trial, or (ii) the requirements of subsection A of § 19.2-187.1have been satisfied and the accused has not objected to the admission of thecertificate pursuant to subsection B of § 19.2-187.1, when any such analysisor examination is performed in any laboratory operated by the Division ofConsolidated Laboratory Services or the Department of Forensic Science orauthorized by such Department to conduct such analysis or examination, orperformed by a person licensed by the Department of Forensic Science pursuantto § 18.2-268.9 or 46.2-341.26:9 to conduct such analysis or examination, orperformed by the Federal Bureau of Investigation, the federal PostalInspection Service, the federal Bureau of Alcohol, Tobacco and Firearms, theNaval Criminal Investigative Service, the National Fish and WildlifeForensics Laboratory, the federal Drug Enforcement Administration, or theUnited States Secret Service Laboratory.
In a hearing or trial in which the provisions of subsection A of § 19.2-187.1do not apply, a copy of such certificate shall be mailed or delivered by theclerk or attorney for the Commonwealth to counsel of record for the accusedat no charge at least seven days prior to the hearing or trial upon requestmade by such counsel to the clerk with notice of the request to the attorneyfor the Commonwealth. The request to the clerk shall be on a form prescribedby the Supreme Court and filed with the clerk at least 10 days prior to thehearing or trial. In the event that a request for a copy of a certificate isfiled with the clerk with respect to a case that is not yet before the court,the clerk shall advise the requester that he must resubmit the request atsuch time as the case is properly before the court in order for such requestto be effective. If, upon proper request made by counsel of record for theaccused, a copy of such certificate is not mailed or delivered by the clerkor attorney for the Commonwealth to counsel of record for the accused in atimely manner in accordance with this section, the accused shall be entitledto continue the hearing or trial.
The certificate of analysis of any examination conducted by the Department ofForensic Science relating to a controlled substance or marijuana shall bemailed or forwarded by personnel of the Department of Forensic Science to theattorney for the Commonwealth of the jurisdiction where such offense may beheard. The attorney for the Commonwealth shall acknowledge receipt of thecertificate on forms provided by the laboratory.
Any such certificate of analysis purporting to be signed by any such personshall be admissible as evidence in such hearing or trial without any proof ofthe seal or signature or of the official character of the person whose nameis signed to it.
For the purposes of this section and §§ 19.2-187.01, 19.2-187.1, and19.2-187.2, the term "certificate of analysis" includes reports of analysisand results of laboratory examination.
(Code 1950, § 19.1-106.1; 1974, c. 200; 1975, c. 495; 1976, c. 245; 1983, c.178; 1984, c. 607; 1988, c. 494; 1990, cc. 737, 825; 1992, c. 56; 1994, cc.41, 375; 1995, c. 437; 1999, c. 296; 2000, c. 336; 2002, c. 832; 2005, cc.868, 881; 2006, c. 294; 2009, Sp. Sess. I, cc. 1, 4; 2010, c. 656.)
§ 19.2-187. Admission into evidence of certain certificates of analysis.
In any hearing or trial of any criminal offense or in any proceeding broughtpursuant to Chapter 22.1 (§ 19.2-386.1 et seq.) of this title, a certificateof analysis of a person performing an analysis or examination, duly attestedby such person, shall be admissible in evidence as evidence of the factstherein stated and the results of the analysis or examination referred totherein, provided (i) the certificate of analysis is filed with the clerk ofthe court hearing the case at least seven days prior to the proceeding if theattorney for the Commonwealth intends to offer it into evidence in apreliminary hearing or the accused intends to offer it into evidence in anyhearing or trial, or (ii) the requirements of subsection A of § 19.2-187.1have been satisfied and the accused has not objected to the admission of thecertificate pursuant to subsection B of § 19.2-187.1, when any such analysisor examination is performed in any laboratory operated by the Division ofConsolidated Laboratory Services or the Department of Forensic Science orauthorized by such Department to conduct such analysis or examination, orperformed by a person licensed by the Department of Forensic Science pursuantto § 18.2-268.9 or 46.2-341.26:9 to conduct such analysis or examination, orperformed by the Federal Bureau of Investigation, the federal PostalInspection Service, the federal Bureau of Alcohol, Tobacco and Firearms, theNaval Criminal Investigative Service, the National Fish and WildlifeForensics Laboratory, the federal Drug Enforcement Administration, or theUnited States Secret Service Laboratory.
In a hearing or trial in which the provisions of subsection A of § 19.2-187.1do not apply, a copy of such certificate shall be mailed or delivered by theclerk or attorney for the Commonwealth to counsel of record for the accusedat no charge at least seven days prior to the hearing or trial upon requestmade by such counsel to the clerk with notice of the request to the attorneyfor the Commonwealth. The request to the clerk shall be on a form prescribedby the Supreme Court and filed with the clerk at least 10 days prior to thehearing or trial. In the event that a request for a copy of a certificate isfiled with the clerk with respect to a case that is not yet before the court,the clerk shall advise the requester that he must resubmit the request atsuch time as the case is properly before the court in order for such requestto be effective. If, upon proper request made by counsel of record for theaccused, a copy of such certificate is not mailed or delivered by the clerkor attorney for the Commonwealth to counsel of record for the accused in atimely manner in accordance with this section, the accused shall be entitledto continue the hearing or trial.
The certificate of analysis of any examination conducted by the Department ofForensic Science relating to a controlled substance or marijuana shall bemailed or forwarded by personnel of the Department of Forensic Science to theattorney for the Commonwealth of the jurisdiction where such offense may beheard. The attorney for the Commonwealth shall acknowledge receipt of thecertificate on forms provided by the laboratory.
Any such certificate of analysis purporting to be signed by any such personshall be admissible as evidence in such hearing or trial without any proof ofthe seal or signature or of the official character of the person whose nameis signed to it.
For the purposes of this section and §§ 19.2-187.01, 19.2-187.1, and19.2-187.2, the term "certificate of analysis" includes reports of analysisand results of laboratory examination.
(Code 1950, § 19.1-106.1; 1974, c. 200; 1975, c. 495; 1976, c. 245; 1983, c.178; 1984, c. 607; 1988, c. 494; 1990, cc. 737, 825; 1992, c. 56; 1994, cc.41, 375; 1995, c. 437; 1999, c. 296; 2000, c. 336; 2002, c. 832; 2005, cc.868, 881; 2006, c. 294; 2009, Sp. Sess. I, cc. 1, 4; 2010, c. 656.)
§ 19.2-187. Admission into evidence of certain certificates of analysis.
In any hearing or trial of any criminal offense or in any proceeding broughtpursuant to Chapter 22.1 (§ 19.2-386.1 et seq.) of this title, a certificateof analysis of a person performing an analysis or examination, duly attestedby such person, shall be admissible in evidence as evidence of the factstherein stated and the results of the analysis or examination referred totherein, provided (i) the certificate of analysis is filed with the clerk ofthe court hearing the case at least seven days prior to the proceeding if theattorney for the Commonwealth intends to offer it into evidence in apreliminary hearing or the accused intends to offer it into evidence in anyhearing or trial, or (ii) the requirements of subsection A of § 19.2-187.1have been satisfied and the accused has not objected to the admission of thecertificate pursuant to subsection B of § 19.2-187.1, when any such analysisor examination is performed in any laboratory operated by the Division ofConsolidated Laboratory Services or the Department of Forensic Science orauthorized by such Department to conduct such analysis or examination, orperformed by a person licensed by the Department of Forensic Science pursuantto § 18.2-268.9 or 46.2-341.26:9 to conduct such analysis or examination, orperformed by the Federal Bureau of Investigation, the federal PostalInspection Service, the federal Bureau of Alcohol, Tobacco and Firearms, theNaval Criminal Investigative Service, the National Fish and WildlifeForensics Laboratory, the federal Drug Enforcement Administration, or theUnited States Secret Service Laboratory.
In a hearing or trial in which the provisions of subsection A of § 19.2-187.1do not apply, a copy of such certificate shall be mailed or delivered by theclerk or attorney for the Commonwealth to counsel of record for the accusedat no charge at least seven days prior to the hearing or trial upon requestmade by such counsel to the clerk with notice of the request to the attorneyfor the Commonwealth. The request to the clerk shall be on a form prescribedby the Supreme Court and filed with the clerk at least 10 days prior to thehearing or trial. In the event that a request for a copy of a certificate isfiled with the clerk with respect to a case that is not yet before the court,the clerk shall advise the requester that he must resubmit the request atsuch time as the case is properly before the court in order for such requestto be effective. If, upon proper request made by counsel of record for theaccused, a copy of such certificate is not mailed or delivered by the clerkor attorney for the Commonwealth to counsel of record for the accused in atimely manner in accordance with this section, the accused shall be entitledto continue the hearing or trial.
The certificate of analysis of any examination conducted by the Department ofForensic Science relating to a controlled substance or marijuana shall bemailed or forwarded by personnel of the Department of Forensic Science to theattorney for the Commonwealth of the jurisdiction where such offense may beheard. The attorney for the Commonwealth shall acknowledge receipt of thecertificate on forms provided by the laboratory.
Any such certificate of analysis purporting to be signed by any such personshall be admissible as evidence in such hearing or trial without any proof ofthe seal or signature or of the official character of the person whose nameis signed to it.
For the purposes of this section and §§ 19.2-187.01, 19.2-187.1, and19.2-187.2, the term "certificate of analysis" includes reports of analysisand results of laboratory examination.
(Code 1950, § 19.1-106.1; 1974, c. 200; 1975, c. 495; 1976, c. 245; 1983, c.178; 1984, c. 607; 1988, c. 494; 1990, cc. 737, 825; 1992, c. 56; 1994, cc.41, 375; 1995, c. 437; 1999, c. 296; 2000, c. 336; 2002, c. 832; 2005, cc.868, 881; 2006, c. 294; 2009, Sp. Sess. I, cc. 1, 4; 2010, c. 656.)
