§ 12-12-311 — Cooperation by others required - Tort immunity

(a) (1) All law enforcement officers and other state, county, and city officials, as well as private citizens, shall fully cooperate with the staff of the State Crime Laboratory in making any investigation provided for or authorized in this subchapter. (2) (A) The prosecuting attorney for each judicial district shall provide the laboratory each month with a list of cases having been adjudicated through plea negotiations and which require no further laboratory analysis. (B) The monthly list shall contain the laboratory case number and will be used by the laboratory for the purpose of returning evidence on which analysis is no longer necessary, thus reducing the backlog of cases found on the evidence shelves at the laboratory. (3) Nothing in this subchapter shall impair the authority of the prosecuting attorney to require further analysis of evidence in any case having been adjudicated through plea negotiations. (4) (A) Upon completion of all requested analysis of submitted evidence by the laboratory, the evidence shall be returned to the submitting agency within thirty (30) days. (B) The submitting agency shall maintain and store evidence until released by a court of competent jurisdiction or the prosecuting attorney. (b) Any physician or other person in attendance or present at the death of a person, or any hospital, if death occurs therein and results from such conditions and circumstances as set out in § 12-12-315 , shall promptly notify the chief law enforcement official of the county or municipality which shall have jurisdiction and the laboratory of the death and shall assist in making available dead bodies and related evidence as may be requested by the Director of the State Crime Laboratory or his or her staff or by the law enforcement agency conducting the investigation. (c) Any physician, surgeon, dentist, hospital, or other supplier of healthcare services shall cooperate and make available to the director or his or her staff the records, reports, charts, specimens, or X-rays of the deceased as may be requested where death occurs and an investigation is being conducted under the provisions of this subchapter. (d) No person, institution, or office in this state which shall make available information or material under this section shall be liable for violating any criminal law of this state, nor shall any person, institution, or office be held liable in tort for compliance with this section.

Legislative History

Amended by Act 2019, No. 910,§ 5847, eff. 7/1/2019. Acts 1979, No. 864, § 12; A.S.A. 1947, § 42-1214; Acts 1999, No. 767, § 1.