898                                     LAWS OF MARYLAND                                 Ch. 266

trials without the presence of the person administering
the test under certain conditions; providing for notice
to the defendant, and delivery of a copy of the test
results within a certain time; providing for the
defendant's right to demand the presence of the
technician at trial; providing that failure to notify
the court constitutes a waiver by the defendant of his
right to have the technician present at trial; and
relating generally to the admissibility of chemical
tests for intoxication and impairment due to the
consumption of alcohol.

BY repealing

Article - Courts and Judicial Proceedings

Section 10-306

Annotated Code of Maryland

(1974 Volume and 1978 Supplement)

BY adding to

Article - Courts and Judicial Proceedings

Section 10-306

Annotated Code of Maryland

(1974 Volume and 1978 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:

Article - Courts and Judicial Proceedings

10-306.

[Upon request, the results of the test shall be made
available to the person tested before trial by an official
certificate which is admissible in evidence.]

(A)  SUBJECT TO THE PROVISIONS OF SUBSECTION (B), IN
ANY CRIMINAL TRIAL IN WHICH INTOXICATION OR IMPAIRMENT DUE
TO THE CONSUMPTION OF ALCOHOL IS AN ISSUE, AN OFFICIAL COPY
OF THE RESULTS OF A CHEMICAL TEST OF BREATH OR BLOOD
ADMINISTERED BY A PERSON AUTHORIZED TO ADMINISTER THE TEST,
IS ADMISSIBLE AS SUBSTANTIVE EVIDENCE WITHOUT THE PRESENCE
OR TESTIMONY OF THE TECHNICIAN WHO ADMINISTERED THE TEST.

(B)  IF THE STATE DECIDES TO OFFER THE TEST RESULTS
WITHOUT THE TESTIMONY OF THE TECHNICIAN, IT SHALL, AT LEAST
15 DAYS BEFORE TRIAL, NOTIFY THE DEFENDANT OR HIS ATTORNEY
IN WRITING OF ITS INTENTION AND DELIVER TO THE DEFENDANT OR
HIS ATTORNEY A COPY OF THE TEST RESULTS TO BE OFFERED. IF
THE DEFENDANT DESIRES THE TECHNICIAN TO BE PRESENT AND
TESTIFY AT TRIAL, HE SHALL NOTIFY THE COURT AND THE STATE IN
WRITING NO LATER THAN 5 BUSINESS DAYS BEFORE TRIAL; AND IF
SUCH TIMELY AND PROPER NOTICE IS GIVEN, THE TEST RESULTS ARE