HARRY HUGHES, Governor                                     2505

10-306.

(a)  Subject to the provisions of subsection (b) OF THIS
SECTION, in any criminal trial in which intoxication due to the
consumption of alcohol, or being under the influence 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) (1) If the State decides to offer the test results
without the testimony of the technician, it shall, at least 15 20
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.

(2)  If the defendant desires the technician to be
present and testify at trial, [he] THE DEFENDANT shall notify the
court and the State in writing no later than [5 business] 10 days
before trial.[; and if] IF such timely and proper notice is
given, the test results are inadmissible without the testimony of
the technician.

(3)  Failure to give timely and proper notice
constitutes a waiver of the defendant's right to the presence and
testimony of the technician.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1984.

Approved May 15, 1984.

CHAPTER 442

(House Bill 765)

AN ACT concerning

Interception of Communications - Controlled
Dangerous Substances

FOR the purpose of permitting law enforcement officials to
intercept a wire or oral communication in order to obtain
evidence in certain controlled dangerous substances offenses
relating to drug paraphernalia and distribution of
noncontrolled substances as controlled dangerous substances.

BY repealing and reenacting, with amendments,

Article - Courts and Judicial Proceedings