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16-43-215. Videotaped deposition of State Crime Laboratory analyst — Definition.
Arkansas Code — all titles (historical 2020) · legal_authorities
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 pre
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-43-215
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:16-43-215
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: bc475b9b4c75e7bb9dd4c2b9eb9a6d9bc46d01213ee0293a57103ec85f11ffb5
Source location: content.xml paragraph 17375
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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.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-64-101. Definitions.
As used in this chapter:
(1) “Administer” means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means to the body of a patient or research subject by:
(A) A practitioner; or
(B) The patient or research subject at the direction and in the presence of the practitioner;
(2)(A) “Agent” means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser.
(B) “Agent” does not include a common or contract carrier, public warehouseman, or employee of the common or contract carrier or warehouseman;
(3)(A) “Anabolic steroid” means any drug or hormonal substance, chemically and pharmacologically related to testosterone, other than estrogens, progestin, and corticosteroid that promotes muscle growth.
(B)(i) “Anabolic steroid” does not include an anabolic steroid that is expressly intended for administration through an implant to cattle or another nonhuman species and that has been approved by the Secretary of the Department of Health for such administration.
(ii) If any person prescribes, dispenses, or distributes a steroid described in subdivision (3)(B)(i) of this section for human use, the person is considered to have prescribed, dispensed, or distributed an anabolic steroid within the meaning of this subdivision (3);
(4) “Controlled substance” means a drug, substance, or immediate precursor in Schedules I through VI;
(5)(A) “Counterfeit substance” means a noncontrolled substance, that by overall dosage unit appearance including color, shape, size, markings, packaging, labeling, and overall appearance or upon the basis of representations made to the recipient, purports to be a controlled substance or to have the physical or psychol
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-64-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-64-101. This identifies an authority to review, not proof of applicability.