§ 12-12-312 - Records confidential and privileged -- Exception -- Release.
12-12-312. Records confidential and privileged -- Exception -- Release.
(a) (1) (A) (i) The records, files, and information kept, obtained, or retained by the State Crime Laboratory under the provisions of this subchapter shall be privileged and confidential.
(ii) The records, files, and information shall be released only under and by the direction of a court of competent jurisdiction, the prosecuting attorney having criminal jurisdiction over the case, or the public defender appointed or assigned to the case.
(B) (i) Nothing in this section shall be construed to diminish the right of a defendant or his or her attorney to full access to all records pertaining to the case.
(ii) The laboratory shall disclose to a defendant or his or her attorney all evidence in the defendant's case.
(2) However, a full report of the facts developed by the State Medical Examiner or his or her assistants shall be promptly filed with the law enforcement agencies, county coroner, and prosecuting attorney of the jurisdiction in which the death occurred.
(b) The State Crime Laboratory Board shall promulgate rules and regulations not contrary to law regarding the release of reports and information by the staff of the laboratory.
(c) All records, files, and information obtained or developed by the laboratory pertaining to a capital offense committed by a defendant who is subsequently sentenced to death for the commission of that offense shall be preserved and retained until the defendant's execution.