EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0216*
SENATE BILL 216
E2 2lr0063
(PRE–FILED)
By: Chair, Judicial Proceedings Committee (By Request – Departmental – Health)
Requested: October 5, 2021
Introduced and read first time: January 12, 2022
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Evidence – Approval of Breath and Blood Tests for Alcohol, Drugs, or Controlled 2
Dangerous Substances 3
FOR the purpose of transferring certain duties relating to the approval of breath and blood 4
tests as evidence for alcohol, drugs, or controlled dangerous substances from the 5
State Toxicologist to the Department of State Police; and generally relating to 6
alcohol, drug, and controlled dangerous substance testing as evidence. 7
BY repealing and reenacting, with amendments, 8
Article – Courts and Judicial Proceedings 9
Section 10–304(a) through (d) and 10–306(a) 10
Annotated Code of Maryland 11
(2020 Replacement Volume and 2021 Supplement) 12
BY repealing and reenacting, with amendments, 13
Article – Health – General 14
Section 17–214(g) 15
Annotated Code of Maryland 16
(2019 Replacement Volume and 2021 Supplement) 17
BY repealing and reenacting, with amendments, 18
Article – Transportation 19
Section 16–205.2(a) 20
Annotated Code of Maryland 21
(2020 Replacement Volume and 2021 Supplement) 22
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
That the Laws of Maryland read as follows: 24
Article – Courts and Judicial Proceedings 25 2 SENATE BILL 216
10–304. 1
(a) (1) In this section the following words have the meanings indicated. 2
(2) “Qualified medical person” means a person permitted to withdraw blood 3
from a human. 4
(3) “Qualified person” means a person who has received training in the use 5
of the equipment in a training program approved by the toxicologist [under the Postmortem 6
Examiners Commission] IN THE DEPARTMENT OF STATE POLICE FORENSIC 7
SCIENCES DIVISION and who is either a police officer, a police employee, [an employee of 8
the office of the Chief Medical Examiner,] or a person authorized by the toxicologist [under 9
the Postmortem Examiners Commission] IN THE DEPARTMENT OF STATE POLICE 10
FORENSIC SCIENCES DIVISION. 11
(b) (1) The test of breath shall be administered by a qualified person with 12
equipment approved by the toxicologist [under the Postmortem Examiners Commission] 13
IN THE DEPARTMENT OF STATE POLICE FORENSIC SCIENCES DIVISION at the 14
direction of a police officer. 15
(2) The officer arresting the individual may not administer the test of 16
breath. 17
(c) (1) (i) The blood shall be obtained by a qualified medical person using 18
equipment approved by the toxicologist [under the Postmortem Examiners Commission] 19
IN THE DEPARTMENT OF STATE POLICE FORENSIC SCIENCES DIVISION acting at the 20
request of a police officer. 21
(ii) If a law enforcement officer testifies that the officer witnessed 22
the taking of a blood specimen by a person who the officer reasonably believed was a 23
qualified medical person, the officer’s testimony shall be sufficient evidence that the person 24
was a qualified medical person and that the blood was obtained in compliance with this 25
section, without testimony from the person who obtained the blood specimen. 26
(2) The test of blood shall be conducted by a qualified person using 27
equipment approved by the toxicologist [under the Postmortem Examiners Commission] 28
IN THE DEPARTMENT OF STATE POLICE FORENSIC SCIENCES DIVISION in a 29
laboratory approved by the toxicologist. 30
(d) (1) For the purpose of establishing that the test of breath or blood was 31
administered with equipment approved by the toxicologist [under the Postmortem 32
Examiners Commission] IN THE DEPARTMENT OF STATE POLICE FORENSIC 33
SCIENCES DIVISION, a statement signed by the toxicologist certifying that the equipment 34
used in the test has been approved by him shall be prima facie evidence of the approval, 35
and the statement is admissible in evidence without the necessity of the toxicologist 36 SENATE BILL 216 3
personally appearing in court. 1
(2) (i) If a defendant desires the toxicologist to be present and testify at 2
trial as a witness, the defendant shall file a request for a subpoena for the toxicologist at 3
least 20 days before the trial in the appropriate court. 4
(ii) If the District Court is deprived of jurisdiction under 5
circumstances in which a defendant is entitled to and demands a jury trial, or appeals from 6
the District Court to the circuit court, another subpoena must be filed at least 20 days 7
before the trial in the circuit court. 8
(iii) If a trial date is postponed for any reason beyond 30 days from 9
the trial date for which the subpoena was issued, the defendant shall file a new subpoena 10
for the toxicologist. 11
(iv) In addition to the requirements of Maryland Rules 4–265 and 12
4–266, the subpoena shall contain the name, address, and telephone number of the 13
defendant or the defendant’s attorney. 14
(3) A subpoena for the toxicologist may be quashed if a defendant fails to 15
comply with the requirements of this subsection. 16
(4) A motion to quash a defendant’s subpoena may be filed by any party or 17
by the Attorney General. 18
10–306. 19
(a) (1) (i) Subject to the provisions of paragraph (2) of this subsection, in 20
any criminal trial in which a violation of § 16–113, § 16–813, or § 21–902 of the 21
Transportation Article, or a violation of Title 2, Subtitle 5, § 2–209, or § 3–211 of the 22
Criminal Law Article is charged or is an issue, a copy of a report of the results of a test of 23
breath or blood to determine alcohol concentration signed by the technician or analyst who 24
performed the test, is admissible as substantive evidence without the presence or testimony 25
of the technician or analyst who performed the test. 26
(ii) Subject to the provisions of § 10–308(b) of this subtitle and 27
paragraph (2) of this subsection, in any criminal trial in which a violation of § 21–902 of 28
the Transportation Article or a violation of Title 2, Subtitle 5, § 2–209, or § 3–211 of the 29
Criminal Law Article is charged, a copy of a report of the results of a test or tests of blood 30
to determine drug or controlled dangerous substance content signed by the technician or 31
analyst who performed the test, is admissible as substantive evidence without the presence 32
or testimony of the technician or analyst who performed the test. 33
(2) To be admissible under paragraph (1) of this subsection, the report 34
shall: 35
(i) Identify the technician or analyst as a “qualified person”, as 36 4 SENATE BILL 216
defined in § 10–304 of this subtitle; 1
(ii) State that the test was performed with equipment approved by 2
the toxicologist [under the Postmortem Examiners Commission] IN THE DEPARTMENT 3
OF STATE POLICE FORENSIC SCIENCES DIVISION at the direction of a police officer; 4
and 5
(iii) State that the result of the test is as stated in the report. 6
Article – Health – General 7
17–214. 8
(g) This section does not apply to: 9
(1) Alcohol or controlled dangerous substance testing of a person under 10
arrest or held by a law enforcement or correctional agency; 11
(2) Alcohol testing procedures conducted by a law enforcement or 12
correctional agency on breath testing equipment certified by the [State Toxicologist] 13
TOXICOLOGIST IN THE DEPARTMENT OF STATE POLICE FORENSIC SCIENCES 14
DIVISION; or 15
(3) Controlled dangerous substance testing by a laboratory facility of a law 16
enforcement or correctional agency that maintains laboratory testing standards 17
comparable to the standards in this section. 18
Article – Transportation 19
16–205.2. 20
(a) A police officer who has reasonable grounds to believe that an individual is or 21
has been driving or attempting to drive a motor vehicle while under the influence of alcohol 22
or while impaired by alcohol may, without making an arrest and prior to the issuance of a 23
citation, request the individual to submit to a preliminary breath test to be administered 24
by the officer using a device approved by the [State Toxicologist] TOXICOLOGIST IN THE 25
DEPARTMENT OF STATE POLICE FORENSIC SCIENCES DIVISION. 26
SECTION 2. AND BE IT FURTHER ENACTED, That the qualifications and 27
approvals issued by the State Toxicologist under the Postmortem Examiners Commission 28
before the effective date of this Act remain valid through this Act’s transfer of those 29
functions to the Department of State Police Forensic Sciences Division. 30
SECTION 3. AND BE IT FURTHER ENACTED , That this Act shall take effect 31
October 1, 2022. 32