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2018 Georgia Code 35-3-155 | Car Wreck Lawyer

TITLE 35 LAW ENFORCEMENT OFFICERS AND AGENCIES

Section 3. Georgia Bureau of Investigation, 35-3-1 through 35-3-204.

ARTICLE 6 DIVISION OF FORENSIC SCIENCES

35-3-155. Application of Administrative Procedure Act.

Unless otherwise specifically provided by law, technical, scientific, and similar processes, procedures, guidelines, standards, and methods for the collection, preservation, or testing of evidence adopted by the division shall not be subject to the provisions of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."

(Code 1981, §35-3-155, enacted by Ga. L. 1997, p. 1421, § 3.)

JUDICIAL DECISIONS

Applicability to case arising before effective date of section.

- O.C.G.A. § 35-3-155, which became effective May 1, 1997, was applicable to a case in which the traffic accident occurred in 1995, but the challenge to the section came before the court after May 1, 1997. Helmeci v. State, 230 Ga. App. 866, 498 S.E.2d 326 (1998); Love v. State, 271 Ga. 398, 517 S.E.2d 53 (1999).

Scope of section.

- Exclusion from the Administrative Procedure Act requirements for technical standards and procedures for the collection and testing of evidence by O.C.G.A. § 35-3-155 includes the procedure by which an officer obtains a Division of Forensic Sciences certificate to operate an Intoximeter 5000. State v. Corriher, 243 Ga. App. 648, 533 S.E.2d 800 (2000).

Georgia Bureau of Investigation's rules.

- Forensic Sciences Division of the Georgia Bureau of Investigation is exempt under O.C.G.A. § 35-3-155 from the requirement of O.C.G.A. § 50-13-3(b) that the division publish the division's rules for granting permits for the administration of breath, blood, and urine tests. State v. Bowen, 274 Ga. 1, 547 S.E.2d 286 (2001), reversing State v. Bowen, 245 Ga. App. 159, 537 S.E.2d 417 (2000).

Cited in Mowery v. State, 234 Ga. App. 801, 507 S.E.2d 821 (1998); Berkow v. State, 243 Ga. App. 698, 534 S.E.2d 433 (2000).

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