WILLIAM DONALD SCHAEFER, Governor

Ch. 577

(1)     May not be requested as described under subsection (b) of this section,
required as described under subsection (c) of this section, or directed as described under
subsection (d) of this section, by a police officer unless the law enforcement agency of
which the officer is a member has the capacity to have such tests conducted; and

(2)     May only be requested as described under subsection (b) of this section,
required as described under subsection (c) of this section, or directed as described under
subsection (d) of this section, by a police officer who is a trainee, has been trained, or is
participating directly or indirectly in a program of training that is:

(i) Designed to train and certify police officers as drug recognition
experts; and

(ii) Conducted by a law enforcement agency of the State, or any
county, municipal, or other law enforcement agency in the State described in items (3)(i)1
through [13] 12 of this subsection:

1.       In conjunction with the National Highway Traffic Safety
Administration; or

2.       As a program of training of police officers as drug
recognition experts that contains requirements for successful completion of the training
program that are the substantial equivalent of the requirements of the Drug Recognition
Training Program developed by the National Highway Traffic Safety Administration; and

(3)     May only be requested as described under subsection (b) of this section,
required as described under subsection (c) of this section, or directed as described under
subsection (d) of this section:

(i) In the case of a police officer who is a trainee, or who is
participating directly or indirectly in a program of training described in paragraph (2) of
this subsection, if the police officer is a member of, and is designated as a trainee or a
participant by the head of:

1.       The Maryland State Police;

2.       The Baltimore City Police Department;

3.       A police department, bureau, or force of a county;

4.       A police department, bureau, or force of an incorporated city
or town;

[5. The State Aviation Police Force;]

[6.] 5. The Mass Transit Administration Police Force;

[7.] 6. The Maryland Port Administration Police Force of the
Department of Transportation;

[8.] 7. The Maryland Transportation Authority Police Force;

[9.] 8. The Police Force of the University of Maryland or
Morgan State University;

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