3158                                             LAWS OF MARYLAND                                        Ch. 638

CHAPTER 638

(House Bill 636)

AN ACT concerning

Chemical Test for Alcohol - Admissibility

FOR the purpose of providing that a report of the results of a
chemical test for alcohol is admissible without the presence
or testimony of the person who performed the test if the
report contains certain information; and generally relating
to admissibility of the results of chemical tests for
alcohol.

BY repealing and reenacting, with amendments,

Article - Courts and Judicial Proceedings

Section 10-306

Annotated Code of Maryland

(1980 Replacement Volume and 1983 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Courts and Judicial Proceedings

10-306.

(a) [Subject to the provisions of subsection (b), in]
(1) SUBJECT TO THE PROVISIONS OF PARAGRAPH (2) OF THIS
SUBSECTION, 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] A copy of A REPORT OF the
results of a chemical test of breath or blood [administered by a
person authorized to administer the test] SIGNED BY THE
TECHNICIAN OR ANALYST WHO PERFORMED THE TEST, is admissible as
substantive evidence without the presence or testimony of the
technician OR ANALYST who [administered] PERFORMED the test.

(2) TO BE ADMISSIBLE UNDER PARAGRAPH (1) OF THIS
SUBSECTION, THE REPORT MUST:

(I)   IDENTIFY THE TECHNICIAN OR ANALYST AS A
"QUALIFIED PERSON", AS DEFINED IN SECTION 10-304 OF THE COURTS
AND JUDICIAL PROCEEDINGS ARTICLE;

(II)   STATE THAT THE TEST WAS PERFORMED WITH
EQUIPMENT APPROVED BY THE TOXICOLOGIST UNDER THE POSTMORTEM
EXAMINERS COMMISSION AT THE DIRECTION OF A POLICE OFFICER; AND