HB 62 ANALYST TESTIMONY VIA VIDEO IN HEARINGS

Rep Andrea R Reeb

Actions: HPREF [2] not prntd-HRC

Scheduled: Not Scheduled

 House Bill 62 (HB 62), related to traffic offenses, provides for testimony by interactive video, and provides for implied consent to a laboratory analyst’s appearance by video. 

 House Bill 62 (HB 62) enacts a new section of the Implied Consent Act, specifying that if a party subpoenas an analyst to testify at a court proceeding for any purpose, the analyst may appear by interactive video. The stipulation is provided that such appearance must provide a full and meaningful opportunity to question and cross-examine the witness in plain sight and clear hearing of the judge, jury, all parties and counsel, with the witness able to clearly see and hear the proceeding. In addition, Section 66-8-107 NMSA 1978 is amended to make the language involving implied consent gender neutral, and to specifically state that if a laboratory analyst is subpoenaed to testify at a court proceeding about chemical testing, the defendant shall be deemed to have given consent to the analyst’s appearance by means of interactive video. 

 Currently, the language in the Implied Consent Act is not gender neutral; further, there is no specific allowance for video appearances by laboratory analysts, nor a stipulation that defendants are deemed to have given implied consent to interactive video appearance of analysts. If the law does not pass, this will remain the status quo.