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Session Laws, 1994
Volume 773, Page 1253   View pdf image
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WILLIAM DONALD SCHAEFER, Governor

Ch. 113

Article - Family Law

5-1021.

(a)     In connection with a pretrial inquiry under this subtitle, the State's Attorney may
request any individual summoned to the pretrial inquiry to submit to a blood OR GENETIC
test.

(b)     If the individual refuses the State's Attorney's request to submit to a blood OR
GENETIC test, the State's Attorney may apply to the circuit court for an order that directs the
individual to submit to the test.

5-1024.

(a)     If a defendant fails to appear after being summoned or after giving bond as
required by § 5-1014 of this subtitle, the court, in the absence of the defendant, [may]
SHALL
SHALL, UNLESS THERE IS GOOD CAUSE TO THE CONTRARY:

(1)     proceed with the hearing on the complaint; and

(2)      [pass any order that is just and proper]

(I) ISSUE A DEFAULT JUDGMENT ADJUDICATING PATERNITY IF
THE COURT IS SATISFIED BY THE EVIDENCE PRESENTED BY THE PETITIONER, OR; OR

(II) PASS ANY OTHER ORDER THAT IS JUST AND PROPER.

(b)     An ANY order passed under subsection (a) of this section shall be binding on
and enforceable against the defendant as if the defendant were present at the hearing.

(c)     If a defendant fails to appear after being summoned or after giving bond as
required by § 5-1014 of this subtitle, bond shall be forfeited and applied to the payment
of any obligation imposed by an order passed in the proceeding.

(d)     If a defendant fails to appear after being properly summoned or after giving
bond as required by § 5-1014 of this subtitle, the defendant remains subject to arrest and
whatever other disposition the court may order.

5-1029.

(e)     (1) Subject to the provisions of paragraph (3) of this subsection, the
laboratory report of the blood test shall be received in evidence if:

(i) definite exclusion is established; or

(ii) the testing is sufficiently extensive to exclude 97.3% of alleged
fath
ers who are not biological fathers, and the statistical probability of the alleged father's
paternity is at least 97.3%.

(2)     A laboratory report is prima facie evidence of the results of a blood test.

(3) (i) Subject to the provisions of subparagraph (ii) of this paragraph,
the laboratory report of the blood test is admissible in evidence without the presence of a
doctor or technician from the laboratory that prepared the report if the report:

- 1253 -

 

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Session Laws, 1994
Volume 773, Page 1253   View pdf image
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