69th OREGON LEGISLATIVE ASSEMBLY--1997 Regular Session
Enrolled
House Bill 2425
Sponsored by COMMITTEE ON JUDICIARY (at the request of District
Attorney Association)
CHAPTER ................
AN ACT
Relating to controlled substances; amending ORS 475.235.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 475.235 is amended to read:
475.235. (1) It is not necessary for the state to negate any
exemption or exception in ORS 475.005 to 475.285 and 475.940 to
475.995 in any complaint, information, indictment or other
pleading or in any trial, hearing or other proceeding under ORS
475.005 to 475.285 and 475.940 to 475.995. The burden of proof of
any exemption or exception is upon the person claiming it.
(2) In the absence of proof that a person is the duly
authorized holder of an appropriate registration or order form
issued under ORS 475.005 to 475.285 and 475.940 to 475.995, the
person is presumed not to be the holder of the registration or
form. The burden of proof is upon the person to rebut the
presumption.
(3) In all prosecutions { - under ORS 475.005 to 475.285 and
475.805 to 475.999 involving the - } { + in which an + }
analysis of a controlled substance or sample { - thereof - }
{ + was conducted + }, a certified copy of the analytical
report signed by the director of the state police crime detection
laboratory or the criminalist conducting the analysis shall be
accepted as prima facie evidence of the results of the analytical
findings.
(4) Notwithstanding any statute or rule to the contrary, the
defendant may subpoena the criminalist to testify at the
preliminary hearing and trial of the issue at no cost to the
defendant.
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Enrolled House Bill 2425 (HB 2425-INTRO) Page 1
Passed by House March 10, 1997
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 3, 1997
...........................................................
President of Senate
Enrolled House Bill 2425 (HB 2425-INTRO) Page 2
Received by Governor:
......M.,............., 1997
Approved:
......M.,............., 1997
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 1997
...........................................................
Secretary of State
Enrolled House Bill 2425 (HB 2425-INTRO) Page 3