VETOES

the technician or analyst who performed the test, is admissible
as substantive evidence without the presence or testimony of the
technician or analyst who 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

(iii) State that the result of the test is as
stated in the report.

(b) (1) (I) Test results which comply with the requirements
of subsection (a) of this section are admissible as substantive
evidence without the presence or testimony of the technician who
administered the test. However, if the State decides to offer
the test results without the testimony of the technician, it
shall, at least [20] 30 days before trial, notify the defendant
or his attorney in writing of its intention and deliver to the
defendant or his attorney a copy of the test results to be
offered.

(II) IF AT THE REQUEST OF THE DEFENDANT THE
CASE IS TRANSFERRED TO A CIRCUIT COURT IF THE DISTRICT COURT IS
DEPRIVED OF JURISDICTION UNDER CIRCUMSTANCES IN WHICH A DEFENDANT
IS ENTITLED TO AND DEMANDS A JURY TRIAL, OR APPEALS FROM THE
DISTRICT COURT TO THE CIRCUIT COURT, THE STATE IS NOT REQUIRED TO
FILE A SECOND NOTICE.

(2) (I) If the defendant desires the technician to be
present and testify at trial, the defendant shall notify the
court and the State in writing no later than [10] 20 days before
trial.

(II)  IF AT THE REQUEST OF THE DEFENDANT THE
CASE IS TRANSFERRED TO A CIRCUIT COURT IF THE DISTRICT COURT IS
DEPRIVED OF JURISDICTION UNDER CIRCUMSTANCES IN WHICH A DEFENDANT
IS ENTITLED TO AND DEMANDS A JURY TRIAL, OR APPEALS FROM THE
DISTRICT COURT TO THE CIRCUIT COURT, THE DEFENDANT SHALL NOTIFY
THE COURT AND THE STATE IN WRITING NO LATER THAN 20 DAYS BEFORE
TRIAL.

(III)  IF A POSTPONEMENT IS GRANTED IN A
DISTRICT COURT OR CIRCUIT COURT, THE DEFENDANT SHALL NOTIFY THE
COURT IN WRITING NO LATER THAN 20 DAYS BEFORE THE NEW TRIAL DATE.

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