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Minutes 08/25/1964
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Minutes 08/25/1964
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City Council
Meeting Date
8/25/1964
City Council - Category
Minutes
City Council - Type
General
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<br />--.,~"' <br /> <br />and time the blood sample was taken. The vials shall be placed in two containers <br />provided by the Chief Medical Examiner, which containers shall be sealed so as not <br />to allow tampering with the contents. The arresting or accompanying officer shall <br />take possession of the two containers holding the vials as soon as the vials are <br />placed in such containers and sealed, and shall transport or mail one of the vials <br />forthwith to the Chief Medical Examiner. The officer taking possession of the other <br />container (hereinafter referred to as second container) shall, immediately after <br />taking possession of said second container, give to the accused a form provided b.Y <br />the Chief Medical Examiner which shall set forth the procedure to obtain an <br />independent analysis of the blood in the second container, and a list of those <br />laboratories and their addresses, approved by the State Health Commissioner. Such <br />form shall contain a space for the accused or his counsel to direct the officer <br />possessing such second container to forward that container to such approved <br />laboratory for analysis, if desired. The officer having the second container, after <br />delivery of the form referred to in the preceding sentence (unless at that time <br />directed by the accused in writing on such form to forward the second container to <br />an approved laboratory of the accused's choice, in which event the officer shall do <br />so) shall deliver said second container to the chief police officer of this City, <br />and the chief police officer who receives the same shall keep it in his possession <br />for a period of seventy-two (72) hours, during which time the accused or his counsel <br />may, in writing, on the form provided hereinabove, direct the chief police officer <br />having possession of the second container to mail it to the laboratory of the <br />accused's choice chosen from the approved list. As used in this section, the term <br />"chief police officer" shall mean the Chief of Police of this City. <br /> <br />(d-2) The testing of the contents of the second container shall be made in <br />the same manner as hereafter set forth concerning the procedure to be followed b.Y <br />the Chief Medical Examiner, and all procedures established herein for transmittal, <br />testing and admission of the result in the trial of the case shall be the same as <br />for the sample sent to the Chief Medical Examiner. <br /> <br />(d-J) A fee not to exceed $15.00 shall be allowed the approved laboratory for <br />making the analysis of the second blood sample which fee shall be paid out of the <br />appropriation for criminal charges. If the person whose blood sample was vtithdrawn <br />is subsequently convicted for violation of Sec. 9-169, or a similar ordinance of <br />this City, or a similar state law, the fee charged by the laboratory for testing <br />the blood sample shall be taxed as part of the costs of the criminal case. <br /> <br />(d-4) If the chief police officer having possession of the second container <br />is not directed as herein provided to mail it within seventy-two (72) hours after <br />receiving said container then said officer shall destroy same. <br /> <br />(e) Upon receipt of the blood sample forwarded to his office for analysis, <br />the Chief Medical Examiner shall cause it to be examined for alcoholic content and <br />he or an Assistant Chief tfudical Examiner shall execute a certificate which shall <br />indicate the name of the accused, the date, time and Qy whom the blood sample was <br />received and examined, a statement that the container seal had not been broken or <br />othervtise tampered with, a statement that the container was one provided Qy the <br />Chief Hedical Examiner and a statement of the alcoholic content of the sample. The <br />certificate attached to the vial from which the blood sample examined was taken <br />shall be returned to the clerk of the court in which the charge will be heard. The <br />certificate attached to the container forwarded on behalf of the accused shall also <br />be returned to the clerk of the court in which the charge will be heard, and such <br />certificate shall be admissible in evidence when attested by the pathologist or b.Y <br />the supervisor of the laboratory approved by the State Health Commissioner. <br /> <br />-2- <br />
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