LAWRENCE J. HOGAN, JR., Governor Ch. 226
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Chapter 226
(Senate Bill 216)
AN ACT concerning
Evidence – Approval of Breath and Blood Tests for Alcohol, Drugs, or Controlled
Dangerous Substances
FOR the purpose of transferring certain duties relating to the approval of breath and blood
tests as evidence for alcohol, drugs, or controlled dangerous substances from the
State Toxicologist to the Department of State Police; and generally relating to
alcohol, drug, and controlled dangerous substance testing as evidence.
BY repealing and reenacting, with amendments,
Article – Courts and Judicial Proceedings
Section 10–304(a) through (d) and 10–306(a)
Annotated Code of Maryland
(2020 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, with amendments,
Article – Health – General
Section 17–214(g)
Annotated Code of Maryland
(2019 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, with amendments,
Article – Transportation
Section 16–205.2(a)
Annotated Code of Maryland
(2020 Replacement Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Courts and Judicial Proceedings
10–304.
(a) (1) In this section the following words have the meanings indicated.
(2) “Qualified medical person” means a person permitted to withdraw blood
from a human.
(3) “Qualified person” means a person who has received training in the use
of the equipment in a training program approved by the toxicologist [under the Postmortem Ch. 226 2022 LAWS OF MARYLAND
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Examiners Commission] IN THE DEPARTMENT OF STATE POLICE FORENSIC
SCIENCES DIVISION and who is either a police officer, a police employee, [an employee of
the office of the Chief Medical Examiner,] or a person authorized by the toxicologist [under
the Postmortem Examiners Commission] IN THE DEPARTMENT OF STATE POLICE
FORENSIC SCIENCES DIVISION.
(b) (1) The test of breath shall be administered by a qualified person with
equipment approved by the toxicologist [under the Postmortem Examiners Commission]
IN THE DEPARTMENT OF STATE POLICE FORENSIC SCIENCES DIVISION at the
direction of a police officer.
(2) The officer arresting the individual may not administer the test of
breath.
(c) (1) (i) The blood shall be obtained by a qualified medical person using
equipment approved by the toxicologist [under the Postmortem Examiners Commission]
IN THE DEPARTMENT OF STATE POLICE FORENSIC SCIENCES DIVISION acting at the
request of a police officer.
(ii) If a law enforcement officer testifies that the officer witnessed
the taking of a blood specimen by a person who the officer reasonably believed was a
qualified medical person, the officer’s testimony shall be sufficient evidence that the person
was a qualified medical person and that the blood was obtained in compliance with this
section, without testimony from the person who obtained the blood specimen.
(2) The test of blood shall be conducted by a qualified person using
equipment approved by the toxicologist [under the Postmortem Examiners Commission]
IN THE DEPARTMENT OF STATE POLICE FORENSIC SCIENCES DIVISION in a
laboratory approved by the toxicologist.
(d) (1) For the purpose of establishing that the test of breath or blood was
administered with equipment approved by the toxicologist [under the Postmortem
Examiners Commission] IN THE DEPARTMENT OF STATE POLICE FORENSIC
SCIENCES DIVISION, a statement signed by the toxicologist certifying that the equipment
used in the test has been approved by him shall be prima facie evidence of the approval,
and the statement is admissible in evidence without the necessity of the toxicologist
personally appearing in court.
(2) (i) If a defendant desires the toxicologist to be present and testify at
trial as a witness, the defendant shall file a request for a subpoena for the toxicologist at
least 20 days before the trial in the appropriate court.
(ii) If the District Court is deprived of jurisdiction under
circumstances in which a defendant is entitled to and demands a jury trial, or appeals from
the District Court to the circuit court, another subpoena must be filed at least 20 days LAWRENCE J. HOGAN, JR., Governor Ch. 226
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before the trial in the circuit court.
(iii) If a trial date is postponed for any reason beyond 30 days from
the trial date for which the subpoena was issued, the defendant shall file a new subpoena
for the toxicologist.
(iv) In addition to the requirements of Maryland Rules 4–265 and
4–266, the subpoena shall contain the name, address, and telephone number of the
defendant or the defendant’s attorney.
(3) A subpoena for the toxicologist may be quashed if a defendant fails to
comply with the requirements of this subsection.
(4) A motion to quash a defendant’s subpoena may be filed by any party or
by the Attorney General.
10–306.
(a) (1) (i) Subject to the provisions of paragraph (2) of this subsection, in
any criminal trial in which a violation of § 16–113, § 16–813, or § 21–902 of the
Transportation Article, or a violation of Title 2, Subtitle 5, § 2–209, or § 3–211 of the
Criminal Law Article is charged or is an issue, a copy of a report of the results of a test of
breath or blood to determine alcohol concentration signed by the technician or analyst who
performed the test, is admissible as substantive evidence without the presence or testimony
of the technician or analyst who performed the test.
(ii) Subject to the provisions of § 10–308(b) of this subtitle and
paragraph (2) of this subsection, in any criminal trial in which a violation of § 21–902 of
the Transportation Article or a violation of Title 2, Subtitle 5, § 2–209, or § 3–211 of the
Criminal Law Article is charged, a copy of a report of the results of a test or tests of blood
to determine drug or controlled dangerous substance content signed by the technician or
analyst who performed the test, is admissible as substantive evidence without the presence
or testimony of the technician or analyst who performed the test.
(2) To be admissible under paragraph (1) of this subsection, the report
shall:
(i) Identify the technician or analyst as a “qualified person”, as
defined in § 10–304 of this subtitle;
(ii) State that the test was performed with equipment approved by
the toxicologist [under the Postmortem Examiners Commission] IN THE DEPARTMENT
OF STATE POLICE FORENSIC SCIENCES DIVISION at the direction of a police officer;
and
(iii) State that the result of the test is as stated in the report. Ch. 226 2022 LAWS OF MARYLAND
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Article – Health – General
17–214.
(g) This section does not apply to:
(1) Alcohol or controlled dangerous substance testing of a person under
arrest or held by a law enforcement or correctional agency;
(2) Alcohol testing procedures conducted by a law enforcement or
correctional agency on breath testing equipment certified by the [State Toxicologist]
TOXICOLOGIST IN THE DEPARTMENT OF STATE POLICE FORENSIC SCIENCES
DIVISION; or
(3) Controlled dangerous substance testing by a laboratory facility of a law
enforcement or correctional agency that maintains laboratory testing standards
comparable to the standards in this section.
Article – Transportation
16–205.2.
(a) A police officer who has reasonable grounds to believe that an individual is or
has been driving or attempting to drive a motor vehicle while under the influence of alcohol
or while impaired by alcohol may, without making an arrest and prior to the issuance of a
citation, request the individual to submit to a preliminary breath test to be administered
by the officer using a device approved by the [State Toxicologist] TOXICOLOGIST IN THE
DEPARTMENT OF STATE POLICE FORENSIC SCIENCES DIVISION.
SECTION 2. AND BE IT FURTHER ENACTED, That the qualifications and
approvals issued by the State Toxicologist under the Postmortem Examiners Commission
before the effective date of this Act remain valid through this Act’s transfer of those
functions to the Department of State Police Forensic Sciences Division.
SECTION 3. AND BE IT FURTHER ENACTED , That this Act shall take effect
October 1, 2022.
Approved by the Governor, April 21, 2022.