§ 16-43-215 — Videotaped deposition of State Crime Laboratory analyst - Definition

(a) As used in this section, the term "videotaped deposition" means the visual recording on a magnetic tape, together with the associated sound, of a witness testifying under oath in the course of a judicial proceeding, upon oral examination, and where an opportunity is given for cross-examination in the presence of the defendant and intended to be played back upon the trial of the action in court. (b) (1) In all criminal trials in which the defendant is charged under the Uniform Controlled Substances Act, § 5-64-101 et seq., upon motion of the prosecuting attorney and after notice to the opposing counsel, the court, for good cause shown and sufficient safeguards to satisfy all state and federal constitutional requirements of oath, confrontation, cross-examination, and observation of the demeanor of the witness and testimony by the defendant, the court, and the jury, and absent a showing of prejudice by the defendant, may order the taking of a videotaped deposition of any State Crime Laboratory analyst. (2) The videotaped deposition shall be taken at the State Crime Laboratory, or at a location ordered by the court, in the presence of the prosecuting attorney, the defendant, and the defendant's attorney. (3) Examination and cross-examination of the analyst shall proceed at the taking of the videotaped deposition in the same manner as permitted at trial under the provisions of the Arkansas Rules of Evidence. (c) (1) Any videotaped deposition taken under the provisions of this section shall be admissible at trial and received into evidence in lieu of the direct testimony of the analyst. (2) However, neither the presentation nor the preparation of such videotaped deposition shall preclude the prosecutor or the defendant's attorney from calling the analyst to testify at trial if that is necessary to serve the interests of justice.

Legislative History

Amended by Act 2013, No. 1148,§ 7, eff. 8/16/2013. Acts 2001, No. 1234, § 1.