Delaware Code § 10-4330

Chemical test report
Open in Lexace · Ask the AI about this section
For the purpose of establishing that physical evidence in a criminal or civil proceeding constitutes a particular controlled substance
defined under Chapter 47 of Title 16, a report signed by the forensic toxicologist or forensic chemist who performed the test or tests as to
its nature is prima facie evidence that the material delivered was properly tested under procedures approved by the Division of Forensic
Science, that those procedures are legally reliable, that the material was delivered 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 forensic toxicologist or forensic chemist personally
appearing in court, provided the report identifies the forensic toxicologist or forensic chemist as an individual certified by the Division of
Forensic Science, the Delaware State Police or any county or municipal police department employing analysts of controlled substances,
as qualified under standards approved by the Division of Forensic Science to analyze those substances, states that the forensic toxicologist
or forensic chemist made an analysis of the material under the procedures approved by the Division of Forensic Science and also states
that the substance, in the forensic toxicologist's or forensic chemist's opinion, is or contains the particular controlled 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 presumption raised by the report.

‹ Prev All Delaware sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.