WILLIAM DONALD SCHAEFER, Governor Ch. 719

(2) "CHAIN OF CUSTODY" DOES NOT INCLUDE A PERSON WHO
HANDLED THE SUBSTANCE IN ANY FORM AFTER ANALYSIS OF THE
SUBSTANCE.

(B) (1) For the purpose of establishing, in a criminal or
civil proceeding, the chain of physical custody or control of
evidence consisting of or containing a substance tested or
analyzed to determine whether it is a controlled dangerous
substance defined under Article 27 of this Code, a statement
signed by each successive [officer or other person having the
custody of the evidence that he] PERSON IN THE CHAIN OF CUSTODY
THAT THE PERSON delivered it to the OTHER person indicated on or
about the date stated is prima facie evidence that the person had
custody and made the delivery as stated, without the necessity of
a personal appearance in court by the person signing the
statement.

(2)     The statement shall contain a sufficient
description of the material or its container so as to distinguish
it as the particular item in question and shall state that the
material was delivered in essentially the same condition as
received.

(3)  The statement may be placed on the same document
as the report provided for in § 10-1001 OF THIS PART.

(4)  Nothing in this section precludes the right of
any party to introduce any evidence supporting or contradicting
the evidence contained in or the presumption raised by the
statement.

10-1003.

(A) (1) In a criminal proceeding, the prosecution shall,
upon written demand of a defendant filed in the proceedings at
least [five] 5 days prior to a trial in the proceeding, require
the presence of the chemist, analyst, or any person in the chain
of custody as a prosecution witness.

(2)  The provisions of §§ 10-1001 and 10-1002 OF THIS
PART concerning prima facie evidence do not apply to the
testimony of that witness.

(3)  The provisions of §§ 10-1001 and 10-1002 OF THIS
PART are applicable in a criminal proceeding only when a copy of
the report or statement to be introduced is mailed, delivered, or
made available to counsel for the defendant or to the defendant
personally when [he] THE DEFENDANT is not represented by counsel,
at least [ten] 10 days prior to the introduction of the report or
statement at trial.

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