3970

VETOES

Governor

House Bill No. 757

AN ACT concerning

Chemical Test for Alcohol - Refusal - Admissibility

FOR the purpose of eliminating the provision of law which
provides that no inference or presumption of guilt arises
from refusal to submit to a chemical test for alcohol;
providing that evidence of refusal to submit to a chemical
test for alcohol is admissible at a trial for violation of
certain motor vehicle laws; and generally relating to
consequences arising from a person's refusal to submit to a
chemical test for alcohol.

BY repealing and reenacting, with amendments,

Article - Courts and Judicial Proceedings

Section 10-309

Annotated Code of Maryland

(1984 Replacement Volume and 1985 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

10-309.

(a)  Except as provided in § 16-205.1(c) of the
Transportation Article, a person may not be compelled to submit
to a chemical analysis provided for in this subtitle. Evidence
of chemical analysis is not admissible in a prosecution for a
violation of § 21-902 of the Transportation Article if obtained
contrary to its provisions. [No inference or presumption
concerning either guilt or innocence arises because of refusal to
submit.] The fact of refusal to submit is [not] admissible in
evidence at the trial.

(b)  This subsection does not limit the provisions of the
vehicle laws regarding the consequences of refusal to submit to a
chemical test or tests.

(c)  Nothing in this section precludes or limits the
admissibility of evidence of chemical analysis in any prosecution
other than for a violation of § 21-902 of the Transportation
Article.

(d)  Nothing in this section precludes or limits
admissibility of evidence of chemical analysis which is obtained
as provided in § 16-205.1(c) of the Transportation Article.