Maryland Code § CJ-10-914

Section CJ-10-914
Open in Lexace · Ask the AI about this section
(a) A laboratory test, performed by a laboratory certified by the Maryland
Department of Health 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 § 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.
(b) A report of a laboratory test described under this section shall:
(1) Identify the chemist or analyst who performed the laboratory test
as an individual qualified, under standards approved by the Maryland Department
of Health, to perform the laboratory test;
(2) Be signed by the chemist or analyst who performed the laboratory
test; and
(3) Contain a statement that:
(i) The material delivered to the chemist or analyst who
performed the laboratory test was properly tested under procedures and equipment
approved by the Maryland Department of Health;
(ii) The procedures of the laboratory test are reliable; and

(iii) The laboratory test indicates that the defendant used a
controlled dangerous substance or alcohol.
(c) A report of a laboratory test is prima facie evidence of the results of the
laboratory test.
(d) Nothing in this section precludes the right of any party to introduce any
evidence that supports or contradicts the evidence contained in or the presumptions
raised by the report of the laboratory test described under subsection (b) of this
section.
(e) Subject to the provisions of subsection (f) of this section, if a laboratory
report or statement is admitted in evidence, the chemist or analyst who performed
the laboratory test is subject to cross-examination by any party to the proceeding.
(f) (1) On written demand of a defendant filed in the proceeding at least
5 days before the hearing to revoke a defendant's probation or work release, the
prosecution shall require the presence of the chemist or analyst who performed the
test or any individual in the chain of custody or control as a prosecution witness.
(2) The provisions of subsections (a), (b), and (c) of this section
concerning prima facie evidence do not apply to the testimony of a witness whose
presence is required under this subsection.
(3) Subsections (a), (b), and (c) of this section apply in a proceeding
to revoke a defendant's probation or work release only when a copy of the report of
the laboratory test or the statement to be introduced is mailed, delivered, or made
available to counsel for the defendant or to the defendant personally when the
defendant is not represented by counsel, at least 10 days prior to the introduction of
the report of the laboratory test or the statement at the hearing.

‹ Prev All Maryland 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.