MARVIN MANDEL, Governor                            2681

ARTICLE 27 OF THIS CODE, A REPORT SIGNED BY THE CHEMIST
OR ANALYST WHO PERFORMED THE TEST OR TESTS AS TO ITS
NATURE IS PRIMA FACIE EVIDENCE THAT THE MATERIAL
DELIVERED TO HIM WAS PROPERLY TESTED UNDER PROCEDURES
APPROVED BY THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE,
THAT THOSE PROCEDURES ARE LEGALLY RELIABLE, THAT THE
MATERIAL WAS DELIVERED TO HIM BY THE OFFICER OR PERSON
STATED IN THE REPORT, AND THAT THE MATERIAL WAS OR
CONTAINED THE SUBSTANCE THEREIN STATED, WITHOUT THE
NECESSITY OF THE CHEMIST OR ANALYST PERSONALLY APPEARING
IN COURT, PROVIDED THE REPORT IDENTIFIES THE CHEMIST OR
ANALYST AS AN INDIVIDUAL CERTIFIED BY THE DEPARTMENT OF
HEALTH AND MENTAL HYGIENE, THE MARYLAND STATE POLICE
DEPARTMENT, THE BALTIMORE CITY POLICE DEPARTMENT, OR ANY
COUNTY POLICE DEPARTMENT EMPLOYING ANALYSTS OF CONTROLLED
DANGEROUS SUBSTANCES, AS QUALIFIED UNDER STANDARDS
APPROVED BY THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE
TO ANALYZE THOSE SUBSTANCES, STATES THAT HE MADE AN
ANALYSIS OF THE MATERIAL UNDER PROCEDURES APPROVED BY
THAT DEPARTMENT, AND ALSO STATES THAT THE SUBSTANCE, IN
HIS OPINION, IS OR CONTAINS THE PARTICULAR CONTROLLED
DANGEROUS SUBSTANCE SPECIFIED. NOTHING IN THIS SECTION
PRECLUDES THE RIGHT OF ANY PARTY TO INTRODUCE ANY
EVIDENCE SUPPORTING OR CONTRADICTING THE EVIDENCE
CONTAINED IN OR THE PRESUMPTIONS RAISED BY THE REPORT.

10-1002.

FOR THE PURPOSE OF ESTABLISHING, IN A CRIMINAL OR
CIVIL PROCEEDING, THE CHAIN OF PHYSICAL CUSTODY OR
CONTROL OF EVIDENCE CONSISTING OF OR CONTAINING A
SUBSTANCE TESTED OR ANALYZED TO DETERMINE WHETHER IT IS A
CONTROLLED DANGEROUS SUBSTANCE DEFINED UNDER ARTICLE 27
OF THIS CODE, A STATEMENT SIGNED BY EACH SUCCESSIVE
OFFICER OR OTHER PERSON HAVING THE CUSTODY OF THE
EVIDENCE THAT HE DELIVERED IT TO THE PERSON INDICATED ON
OR ABOUT THE DATE STATED IS PRIMA FACIE EVIDENCE THAT THE
PERSON HAD CUSTODY AND MADE THE DELIVERY AS STATED,
WITHOUT THE NECESSITY OF A PERSONAL APPEARANCE IN COURT
BY THE PERSON SIGNING THE STATEMENT. THE STATEMENT SHALL
CONTAIN A SUFFICIENT DESCRIPTION OF THE MATERIAL OR ITS
CONTAINER SO AS TO DISTINGUISH IT AS THE PARTICULAR ITEM
IN QUESTION AND SHALL STATE THAT THE MATERIAL WAS
DELIVERED IN ESSENTIALLY THE SAME CONDITION AS RECEIVED.
THE STATEMENT MAY BE PLACED ON THE SAME DOCUMENT AS THE
REPORT PROVIDED FOR IN SECTION 10-1001. NOTHING IN THIS
SECTION PRECLUDES THE RIGHT OF ANY PARTY TO INTRODUCE ANY
EVIDENCE SUPPORTING OR CONTRADICTING THE EVIDENCE
CONTAINED IN OR THE PRESUMPTION RAISED BY THE STATEMENT.

10-1003.

IN A CRIMINAL PROCEEDING, THE PROSECUTION SHALL,
UPON WRITTEN DEMAND OF A DEFENDANT [[RECEIVED]] FILED IN