WILLIAM DONALD SCHAEFER, Governor Ch. 728

(A)  A LABORATORY TEST, PERFORMED BY A LABORATORY CERTIFIED
BY THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE AND APPROVED BY
THE DIVISION OF PAROLE AND PROBATION OF THE DEPARTMENT OF PUBLIC
SAFETY AND CORRECTIONAL SERVICES, INDICATING THAT THE DEFENDANT
HAS USED A CONTROLLED DANGEROUS SUBSTANCE AS DEFINED IN ARTICLE
27 OF THE CODE OR ALCOHOL IN VIOLATION OF A CONDITION OF THE
DEFENDANT'S PROBATION OR WORK RELEASE, IS SUFFICIENTLY RELIABLE
TO JUSTIFY REVOCATION OF THE DEFENDANT'S PROBATION OR WORK
RELEASE, WITHOUT AN EXPERT WITNESS FROM THE LABORATORY TESTIFYING
IN COURT TO SUPPORT THE CONTENTS OF A REPORT OF THE LABORATORY
TEST.

(B)  A REPORT OF A LABORATORY TEST DESCRIBED UNDER THIS
SECTION SHALL:

(1)  IDENTIFY THE CHEMIST OR ANALYST WHO PERFORMED THE
LABORATORY TEST AS AN INDIVIDUAL QUALIFIED, UNDER STANDARDS
APPROVED BY THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE, TO
PERFORM THE LABORATORY TEST;

(2)  BE SIGNED BY THE CHEMIST OR ANALYST WHO PERFORMED
THE LABORATORY TEST; AND

(3)  CONTAIN A STATEMENT THAT:

(I)  THE MATERIAL DELIVERED TO THE CHEMIST OR
ANALYST WHO PERFORMED THE LABORATORY TEST WAS PROPERLY TESTED
UNDER PROCEDURES AND EQUIPMENT APPROVED BY THE DEPARTMENT OF
HEALTH AND MENTAL HYGIENE;

(II)  THE PROCEDURES OF THE LABORATORY TEST ARE
LEGALLY RELIABLE;

(III) THE MATERIAL WAS DELIVERED TO THE CHEMIST
OR ANALYST WHO PERFORMED THE LABORATORY TEST BY THE INDIVIDUAL
STATED IN THE REPORT; AND

(IV) THE LABORATORY TEST INDICATES THAT THE
DEFENDANT USED A CONTROLLED DANGEROUS SUBSTANCE AS DEFINED IN

ARTICLE 27 OF THE CODE OR ALCOHOL IN VIOLATION OF A CONDITION OF

THE DEFENDANT'S PROBATION OR WORK RELEASE.

(C)(1) FOR THE PURPOSE OF ESTABLISHING THE CHAIN OF
PHYSICAL CUSTODY OR CONTROL OF THE MATERIAL TESTED UNDER THIS
SECTION, A STATEMENT SIGNED BY EACH SUCCESSIVE INDIVIDUAL HAVING
THE CUSTODY OF THE MATERIAL THAT THE INDIVIDUAL DELIVERED THE
MATERIAL TO ANOTHER INDIVIDUAL INDICATED ON OR ABOUT THE DATE
STATED IS PRIMA FACIE EVIDENCE THAT THE INDIVIDUAL HAD CUSTODY OR
CONTROL OF THE MATERIAL AND MADE THE DELIVERY AS STATED, WITHOUT
THE NECESSITY OF A PERSONAL APPEARANCE IN COURT BY THE INDIVIDUAL
SIGNING THE STATEMENT.

(2) A STATEMENT UNDER THIS SUBSECTION SHALL:

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