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Session Laws, 2002
Volume 800, Page 1806   View pdf image
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Ch. 213
2002 LAWS OF MARYLAND
States, including the District of Columbia in accordance with the law of that
jurisdiction, but that would be in violation of this subtitle if the interception was
made in this State, or evidence derived from the communication, may disclose the
contents of that communication or the derivative evidence while giving testimony
under oath or affirmation in any proceeding held under the authority of this State if: (iii) All parties to the communication were co-conspirators in a
crime of violence as defined in [Article 27, § 643B of the Code] § 14-101 OF THE
CRIMINAL LAW ARTICLE. 10-914. (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] § 5-101 OF THE CRIMINAL LAW ARTICLE 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. 10-1001. For the purpose of establishing that physical evidence in a criminal or civil
proceeding constitutes a particular controlled dangerous substance [defined] under
[Article 27 of this Code] TITLE 5 OF THE CRIMINAL LAW ARTICLE, a report signed by
the chemist or analyst who performed the test or tests as to its nature is prima facie
evidence that the material delivered to the chemist or analyst was properly tested
under procedures approved by the Department of Health and Mental Hygiene, that
those procedures are legally reliable, that the material was delivered to the chemist
or analyst by the officer or person stated in the report, and that the material was or
contained the substance therein stated, without the necessity of the chemist or
analyst personally appearing in court, provided the report identifies the chemist or
analyst as an individual certified by the Department of Health and Mental Hygiene,
the Department of State Police, the Baltimore City Police Department, or any county
police department employing analysts of controlled dangerous substances, as
qualified under standards approved by the Department of Health and Mental
Hygiene to analyze those substances, states that the chemist or analyst made an
analysis of the material under procedures approved by that department, and also
states that the substance, in the opinion of the chemist or analyst, is or contains the
particular controlled dangerous substance specified. Nothing in this section precludes
the right of any party to introduce any evidence supporting or contradicting the
evidence contained in or the presumptions raised by the report. 10-1002. (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] TITLE 5 OF THE CRIMINAL LAW ARTICLE, a
statement signed by each successive person in the chain of custody that the person
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Session Laws, 2002
Volume 800, Page 1806   View pdf image
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