WILLIAM DONALD SCHAEFER, Governor

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

(II) STATE THAT THE BLOOD TEST WAS PERFORMED
WITH EQUIPMENT APPROVED BY THE TOXICOLOGIST UNDER THE POSTMORTEM
EXAMINERS COMMISSION BY A LABORATORY THAT HOLDS A PERMIT ISSUED
BY THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE; AND

(III) (II) STATE THAT THE RESULT OF THE BLOOD
TEST IS AS STATED IN THE REPORT.

(G) (1) THE RESULTS OF A BLOOD TEST THAT COMPLIES WITH THE
REQUIREMENTS OF SUBSECTION (F) OF THIS SECTION ARE ADMISSIBLE AS
SUBSTANTIVE EVIDENCE WITHOUT THE PRESENCE OR TESTIMONY OF THE
TECHNICIAN WHO ADMINISTERED THE BLOOD TEST.

(2)  IF A PARTY DECIDES TO OFFER THE RESULTS OF A
BLOOD TEST WITHOUT THE TESTIMONY OF THE TECHNICIAN, THE PARTY, AT
LEAST 20 DAYS BEFORE TRIAL, SHALL NOTIFY THE ALLEGED FATHER OR
HIS ATTORNEY IN WRITING OF THE PARTY'S INTENTION AND DELIVER TO
THE ALLEGED FATHER OR HIS ATTORNEY A COPY OF THE RESULTS OF THE
BLOOD TESTS TO BE OFFERED.

(3)  (I) IF THE ALLEGED FATHER DESIRES THE TECHNICIAN
TO BE PRESENT AND TESTIFY AT TRIAL, THE ALLEGED FATHER SHALL
NOTIFY THE COURT AND THE OPPOSING PARTY IN WRITING NO LATER THAN
10 DAYS BEFORE TRIAL.

(II)  IF SUCH TIMELY AND PROPER NOTICE IS GIVEN,
THE RESULTS OF THE BLOOD TEST ARE INADMISSIBLE WITHOUT THE
TESTIMONY OF THE TECHNICIAN.

(4)  FAILURE TO GIVE TIMELY AND PROPER NOTICE
CONSTITUTES A WAIVER OF THE ALLEGED FATHER'S RIGHT TO THE
PRESENCE AND TESTIMONY OF THE TECHNICIAN.

[(f)] (H) If any individual fails to submit to a blood test
ordered by the court, that refusal, properly introduced in
evidence:

(1)  shall be disclosed to the court and jury; and

(2)  may be commented on by the court or by counsel.

[(g)] (I) (1) Unless indigent, the party who requests a
blood test or who secures the appearance in court of the
laboratory technician who made the test is responsible for the
cost of the test and the costs associated with the court
appearance. However, if the requesting party prevails in the
proceeding, the court shall assess the cost of the blood test or
the costs associated with the court appearance against the other
parties to the proceeding.

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