Amends TCA Title 24; Title 39; Title 40 and Title 55.
ON APRIL 29, 2021, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1231, AS AMENDED. AMENDMENT #1 rewrites this bill to limit the circumstances under which a court may permit remote testimony by an expert in the scientific detection of crime (a "forensic analyst") in a criminal proceeding to cases where: (1) The state provided a copy of any report produced by the forensic analyst that the state is seeking to admit into evidence through remote testimony to the defendant at least 15 days prior to the proceeding; (2) The defendant agrees to permit remote testimony; (3) The court finds that the defendant's agreement was knowing and voluntary; and (4) The court and the state agree to permit remote testimony. Any remote testimony conducted under this amendment must allow all parties to observe the demeanor of the analyst as the analyst testifies in a similar manner as if the analyst were testifying in the location where the hearing or trial is being conducted. This amendment requires that the court ensure that the defendant has a full and fair opportunity for examination and cross-examination of the analyst.
ON APRIL 29, 2021, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1231, AS AMENDED. AMENDMENT #1 rewrites this bill to limit the circumstances under which a court may permit remote testimony by an expert in the scientific detection of crime (a "forensic analyst") in a criminal proceeding to cases where: (1) The state provided a copy of any report produced by the forensic analyst that the state is seeking to admit into evidence through remote testimony to the defendant at least 15 days prior to the proceeding; (2) The defendant agrees to permit remote testimony; (3) The court finds that the defendant's agreement was knowing and voluntary; and (4) The court and the state agree to permit remote testimony. Any remote testimony conducted under this amendment must allow all parties to observe the demeanor of the analyst as the analyst testifies in a similar manner as if the analyst were testifying in the location where the hearing or trial is being conducted. This amendment requires that the court ensure that the defendant has a full and fair opportunity for examination and cross-examination of the analyst.
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