Maryland 2022 Regular Session

Maryland Senate Bill SB216 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	LAWRENCE J. HOGAN, JR., Governor Ch. 226
2	1
3		-	– 1 –
4		-	Chapter 226
5		-	(Senate Bill 216)
6	2
7		-	AN ACT concerning
	3	+	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
	4	+	[Brackets] indicate matter deleted from existing law.
	5	+	Underlining indicates amendments to bill.
	6	+	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
	7	+	amendment.
	8	+	sb0216
8	9
9		-	Evidence – Approval of Breath and Blood Tests for Alcohol, Drugs, or Controlled
10		-	Dangerous Substances
	10	+	SENATE BILL 216
	11	+	E2 2lr0063
	12	+	(PRE–FILED)
	13	+	By: Chair, Judicial Proceedings Committee (By Request – Departmental – Health)
	14	+	Requested: October 5, 2021
	15	+	Introduced and read first time: January 12, 2022
	16	+	Assigned to: Judicial Proceedings
	17	+	Committee Report: Favorable
	18	+	Senate action: Adopted
	19	+	Read second time: February 3, 2022
11	20
12		-	FOR the purpose of transferring certain duties relating to the approval of breath and blood
13		-	tests as evidence for alcohol, drugs, or controlled dangerous substances from the
14		-	State Toxicologist to the Department of State Police; and generally relating to
15		-	alcohol, drug, and controlled dangerous substance testing as evidence.
	21	+	CHAPTER ______
16	22
17		-	BY repealing and reenacting, with amendments,
18		-	Article – Courts and Judicial Proceedings
19		-	Section 10–304(a) through (d) and 10–306(a)
20		-	Annotated Code of Maryland
21		-	(2020 Replacement Volume and 2021 Supplement)
	23	+	AN ACT concerning 1
22	24
23		-	BY repealing and reenacting, with amendments,
24		-	Article – Health – General
25		-	Section 17–214(g)
26		-	Annotated Code of Maryland
27		-	(2019 Replacement Volume and 2021 Supplement)
	25	+	Evidence – Approval of Breath and Blood Tests for Alcohol, Drugs, or Controlled 2
	26	+	Dangerous Substances 3
28	27
29		-	BY repealing and reenacting, with amendments,
30		-	Article – Transportation
31		-	Section 16–205.2(a)
32		-	Annotated Code of Maryland
33		-	(2020 Replacement Volume and 2021 Supplement)
	28	+	FOR the purpose of transferring certain duties relating to the approval of breath and blood 4
	29	+	tests as evidence for alcohol, drugs, or controlled dangerous substances from the 5
	30	+	State Toxicologist to the Department of State Police; and generally relating to 6
	31	+	alcohol, drug, and controlled dangerous substance testing as evidence. 7
34	32
35		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
36		-	That the Laws of Maryland read as follows:
	33	+	BY repealing and reenacting, with amendments, 8
	34	+	Article – Courts and Judicial Proceedings 9
	35	+	Section 10–304(a) through (d) and 10–306(a) 10
	36	+	Annotated Code of Maryland 11
	37	+	(2020 Replacement Volume and 2021 Supplement) 12
37	38
38		-	Article – Courts and Judicial Proceedings
	39	+	BY repealing and reenacting, with amendments, 13
	40	+	Article – Health – General 14
	41	+	Section 17–214(g) 15
	42	+	Annotated Code of Maryland 16
	43	+	(2019 Replacement Volume and 2021 Supplement) 17
39	44
40		-	10–304.
	45	+	BY repealing and reenacting, with amendments, 18
	46	+	Article – Transportation 19
	47	+	Section 16–205.2(a) 20
	48	+	Annotated Code of Maryland 21 2 SENATE BILL 216
41	49
42		-	(a) (1) In this section the following words have the meanings indicated.
43	50
44		-	(2) “Qualified medical person” means a person permitted to withdraw blood
45		-	from a human.
	51	+	(2020 Replacement Volume and 2021 Supplement) 1
46	52
47		-	~~(3) “Qualified~~ ~~person” means a person who has received training in~~ the ~~use~~
48		-	of the ~~equipment in a training program approved by the toxicologist [under the Postmortem Ch. 226 2022~~ LAWS OF MARYLAND
	53	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
	54	+	That the Laws of Maryland read as follows: 3
49	55
50		-	– 2 –
51		-	Examiners Commission] IN THE DEPARTMENT OF STATE POLICE FORENSIC
52		-	SCIENCES DIVISION and who is either a police officer, a police employee, [an employee of
53		-	the office of the Chief Medical Examiner,] or a person authorized by the toxicologist [under
54		-	the Postmortem Examiners Commission] IN THE DEPARTMENT OF STATE POLICE
55		-	FORENSIC SCIENCES DIVISION.
	56	+	Article – Courts and Judicial Proceedings 4
56	57
57		-	(b) (1) The test of breath shall be administered by a qualified person with
58		-	equipment approved by the toxicologist [under the Postmortem Examiners Commission]
59		-	IN THE DEPARTMENT OF STATE POLICE FORENSIC SCIENCES DIVISION at the
60		-	direction of a police officer.
	58	+	10–304. 5
61	59
62		-	(2) The officer arresting the individual may not administer the test of
63		-	breath.
	60	+	(a) (1) In this section the following words have the meanings indicated. 6
64	61
65		-	(c) (1) (i) The blood shall be obtained by a qualified medical person using
66		-	equipment approved by the toxicologist [under the Postmortem Examiners Commission]
67		-	IN THE DEPARTMENT OF STATE POLICE FORENSIC SCIENCES DIVISION acting at the
68		-	request of a police officer.
	62	+	(2) “Qualified medical person” means a person permitted to withdraw blood 7
	63	+	from a human. 8
69	64
70		-	(ii) If a law enforcement officer testifies that the officer witnessed
71		-	the taking of a blood specimen by a person who the officer reasonably believed was a
72		-	qualified medical person, the officer’s testimony shall be sufficient evidence that the person
73		-	was a qualified medical person and that the blood was obtained in compliance with this
74		-	section, without testimony from the person who obtained the blood specimen.
	65	+	(3) “Qualified person” means a person who has received training in the use 9
	66	+	of the equipment in a training program approved by the toxicologist [under the Postmortem 10
	67	+	Examiners Commission] IN THE DEPARTMENT OF STATE POLICE FORENSIC 11
	68	+	SCIENCES DIVISION and who is either a police officer, a police employee, [an employee of 12
	69	+	the office of the Chief Medical Examiner,] or a person authorized by the toxicologist [under 13
	70	+	the Postmortem Examiners Commission] IN THE DEPARTMENT OF STATE POLICE 14
	71	+	FORENSIC SCIENCES DIVISION. 15
75	72
76		-	(2) The test of ~~blood~~ shall be ~~conducted~~ by a qualified person ~~using~~
77		-	equipment approved by the toxicologist [under the Postmortem Examiners Commission]
78		-	IN THE DEPARTMENT OF STATE POLICE FORENSIC SCIENCES DIVISION ~~in a~~
79		-	~~laboratory approved by the toxicologist~~.
	73	+	(b) (1) The test of breath shall be administered by a qualified person with 16
	74	+	equipment approved by the toxicologist [under the Postmortem Examiners Commission] 17
	75	+	IN THE DEPARTMENT OF STATE POLICE FORENSIC SCIENCES DIVISION at the 18
	76	+	direction of a police officer. 19
80	77
81		-	(d) (1) For the purpose of establishing that the test of breath or blood was
82		-	administered with equipment approved by the toxicologist [under the Postmortem
83		-	Examiners Commission] IN THE DEPARTMENT OF STATE POLICE FORENSIC
84		-	SCIENCES DIVISION, a statement signed by the toxicologist certifying that the equipment
85		-	used in the test has been approved by him shall be prima facie evidence of the approval,
86		-	and the statement is admissible in evidence without the necessity of the toxicologist
87		-	personally appearing in court.
	78	+	(2) The officer arresting the individual may not administer the test of 20
	79	+	breath. 21
88	80
89		-	(2) (i) If a defendant desires the toxicologist to be present and testify at
90		-	trial as a witness, the defendant shall file a request for a subpoena for the toxicologist at
91		-	least 20 days before the trial in the appropriate court.
	81	+	(c) (1) (i) The blood shall be obtained by a qualified medical person using 22
	82	+	equipment approved by the toxicologist [under the Postmortem Examiners Commission] 23
	83	+	IN THE DEPARTMENT OF STATE POLICE FORENSIC SCIENCES DIVISION acting at the 24
	84	+	request of a police officer. 25
92	85
93		-	(ii) If the District Court is deprived of jurisdiction under
94		-	circumstances in which a defendant is entitled to and demands a jury trial, or appeals from
95		-	the District Court to the circuit court, another subpoena must be filed at least 20 days LAWRENCE J. HOGAN, JR., Governor Ch. 226
	86	+	(ii) If a law enforcement officer testifies that the officer witnessed 26
	87	+	the taking of a blood specimen by a person who the officer reasonably believed was a 27
	88	+	qualified medical person, the officer’s testimony shall be sufficient evidence that the person 28
	89	+	was a qualified medical person and that the blood was obtained in compliance with this 29
	90	+	section, without testimony from the person who obtained the blood specimen. 30
96	91
97		-	– 3 –
98		-	before the trial in the circuit court.
	92	+	(2) The test of blood shall be conducted by a qualified person using 31
	93	+	equipment approved by the toxicologist [under the Postmortem Examiners Commission] 32
	94	+	IN THE DEPARTMENT OF STATE POLICE FORENSIC SCIENCES DIVISION in a 33
	95	+	laboratory approved by the toxicologist. 34
	96	+	SENATE BILL 216 3
99	97
100		-	(iii) If a trial date is postponed for any reason beyond 30 days from
101		-	the trial date for which the subpoena was issued, the defendant shall file a new subpoena
102		-	for the toxicologist.
103	98
104		-	(iv) In addition to the requirements of Maryland Rules 4–265 and
105		-	4–266, the subpoena shall contain the name, address, and telephone number of the
106		-	defendant or the defendant’s attorney.
	99	+	(d) (1) For the purpose of establishing that the test of breath or blood was 1
	100	+	administered with equipment approved by the toxicologist [under the Postmortem 2
	101	+	Examiners Commission] IN THE DEPARTMENT OF STATE POLICE FORENSIC 3
	102	+	SCIENCES DIVISION, a statement signed by the toxicologist certifying that the equipment 4
	103	+	used in the test has been approved by him shall be prima facie evidence of the approval, 5
	104	+	and the statement is admissible in evidence without the necessity of the toxicologist 6
	105	+	personally appearing in court. 7
107	106
108		-	(3) A subpoena for the toxicologist may be quashed if a defendant fails to
109		-	comply with the requirements of this subsection.
	107	+	(2) (i) If a defendant desires the toxicologist to be present and testify at 8
	108	+	trial as a witness, the defendant shall file a request for a subpoena for the toxicologist at 9
	109	+	least 20 days before the trial in the appropriate court. 10
110	110
111		-	(4) A motion to quash a defendant’s subpoena may be filed by any party or
112		-	by the Attorney General.
	111	+	(ii) If the District Court is deprived of jurisdiction under 11
	112	+	circumstances in which a defendant is entitled to and demands a jury trial, or appeals from 12
	113	+	the District Court to the circuit court, another subpoena must be filed at least 20 days 13
	114	+	before the trial in the circuit court. 14
113	115
114		-	10–306.
	116	+	(iii) If a trial date is postponed for any reason beyond 30 days from 15
	117	+	the trial date for which the subpoena was issued, the defendant shall file a new subpoena 16
	118	+	for the toxicologist. 17
115	119
116		-	(a) (1) (i) Subject to the provisions of paragraph (2) of this subsection, in
117		-	any criminal trial in which a violation of § 16–113, § 16–813, or § 21–902 of the
118		-	Transportation Article, or a violation of Title 2, Subtitle 5, § 2–209, or § 3–211 of the
119		-	Criminal Law Article is charged or is an issue, a copy of a report of the results of a test of
120		-	breath or blood to determine alcohol concentration signed by the technician or analyst who
121		-	performed the test, is admissible as substantive evidence without the presence or testimony
122		-	of the technician or analyst who performed the test.
	120	+	(iv) In addition to the requirements of Maryland Rules 4–265 and 18
	121	+	4–266, the subpoena shall contain the name, address, and telephone number of the 19
	122	+	defendant or the defendant’s attorney. 20
123	123
124		-	(ii) Subject to the provisions of § 10–308(b) of this subtitle and
125		-	paragraph (2) of this subsection, in any criminal trial in which a violation of § 21–902 of
126		-	the Transportation Article or a violation of Title 2, Subtitle 5, § 2–209, or § 3–211 of the
127		-	Criminal Law Article is charged, a copy of a report of the results of a test or tests of blood
128		-	to determine drug or controlled dangerous substance content signed by the technician or
129		-	analyst who performed the test, is admissible as substantive evidence without the presence
130		-	or testimony of the technician or analyst who performed the test.
	124	+	(3) A subpoena for the toxicologist may be quashed if a defendant fails to 21
	125	+	comply with the requirements of this subsection. 22
131	126
132		-	(2) To be ~~admissible under paragraph (1) of this subsection, the report~~
133		-	~~shall:~~
	127	+	(4) A motion to quash a defendant’s subpoena may be filed by any party or 23
	128	+	by the Attorney General. 24
134	129
135		-	(i) Identify the technician or analyst as a “qualified person”, as
136		-	defined in § 10–304 of this subtitle;
	130	+	10–306. 25
137	131
138		-	(ii) State that the test was performed with equipment approved by
139		-	the toxicologist [under the Postmortem Examiners Commission] IN THE DEPARTMENT
140		-	OF STATE POLICE FORENSIC SCIENCES DIVISION at the direction of a police officer;
141		-	and
	132	+	(a) (1) (i) Subject to the provisions of paragraph (2) of this subsection, in 26
	133	+	any criminal trial in which a violation of § 16–113, § 16–813, or § 21–902 of the 27
	134	+	Transportation Article, or a violation of Title 2, Subtitle 5, § 2–209, or § 3–211 of the 28
	135	+	Criminal Law Article is charged or is an issue, a copy of a report of the results of a test of 29
	136	+	breath or blood to determine alcohol concentration signed by the technician or analyst who 30
	137	+	performed the test, is admissible as substantive evidence without the presence or testimony 31
	138	+	of the technician or analyst who performed the test. 32
142	139
143		-	(iii) State that the result of the test is as stated in the report. Ch. 226 2022 LAWS OF MARYLAND
	140	+	(ii) Subject to the provisions of § 10–308(b) of this subtitle and 33
	141	+	paragraph (2) of this subsection, in any criminal trial in which a violation of § 21–902 of 34
	142	+	the Transportation Article or a violation of Title 2, Subtitle 5, § 2–209, or § 3–211 of the 35
	143	+	Criminal Law Article is charged, a copy of a report of the results of a test or tests of blood 36
	144	+	to determine drug or controlled dangerous substance content signed by the technician or 37
	145	+	analyst who performed the test, is admissible as substantive evidence without the presence 38 4 SENATE BILL 216
144	146
145		-	– 4 –
146	147
147		-	~~Article – Health – General~~
	148	+	or testimony of the technician or analyst who performed the test. 1
148	149
149		-	17–214.
	150	+	(2) To be admissible under paragraph (1) of this subsection, the report 2
	151	+	shall: 3
150	152
151		-	(g) This section does not apply to:
	153	+	(i) Identify the technician or analyst as a “qualified person”, as 4
	154	+	defined in § 10–304 of this subtitle; 5
152	155
153		-	(1) Alcohol or controlled dangerous substance testing of a person under
154		-	arrest or held by a law enforcement or correctional agency;
	156	+	(ii) State that the test was performed with equipment approved by 6
	157	+	the toxicologist [under the Postmortem Examiners Commission] IN THE DEPARTMENT 7
	158	+	OF STATE POLICE FORENSIC SCIENCES DIVISION at the direction of a police officer; 8
	159	+	and 9
155	160
156		-	(2) Alcohol testing procedures conducted by a law enforcement or
157		-	correctional agency on breath testing equipment certified by the [State Toxicologist]
158		-	TOXICOLOGIST IN THE DEPARTMENT OF STATE POLICE FORENSIC SCIENCES
159		-	DIVISION; or
	161	+	(iii) State that the result of the test is as stated in the report. 10
160	162
161		-	(3) Controlled dangerous substance testing by a laboratory facility of a law
162		-	enforcement or correctional agency that maintains laboratory testing standards
163		-	comparable to the standards in this section.
	163	+	Article – Health – General 11
164	164
165		-	~~Article – Transportation~~
	165	+	17–214. 12
166	166
167		-	~~16–205.2.~~
	167	+	(g) This section does not apply to: 13
168	168
169		-	(a) A police officer who has reasonable grounds to believe that an individual is or
170		-	has been driving or attempting to drive a motor vehicle while under the influence of alcohol
171		-	or while impaired by alcohol may, without making an arrest and prior to the issuance of a
172		-	citation, request the individual to submit to a preliminary breath test to be administered
173		-	by the officer using a device approved by the [State Toxicologist] TOXICOLOGIST IN THE
174		-	DEPARTMENT OF STATE POLICE FORENSIC SCIENCES DIVISION.
	169	+	(1) Alcohol or controlled dangerous substance testing of a person under 14
	170	+	arrest or held by a law enforcement or correctional agency; 15
175	171
176		-	~~SECTION 2.~~ ~~AND BE IT FURTHER ENACTED,~~ ~~That the qualifications and~~
177		-	~~approvals issued~~ by the State Toxicologist ~~under the Postmortem Examiners Commission~~
178		-	~~before~~ the ~~effective date~~ of ~~this Act remain valid through this Act’s transfer of those~~
179		-	~~functions to the Department of State Police Forensic Sciences Division.~~
	172	+	(2) Alcohol testing procedures conducted by a law enforcement or 16
	173	+	correctional agency on breath testing equipment certified by the [State Toxicologist] 17
	174	+	TOXICOLOGIST IN THE DEPARTMENT OF STATE POLICE FORENSIC SCIENCES 18
	175	+	DIVISION; or 19
180	176
181		-	SECTION 3. AND BE IT FURTHER ENACTED , That this Act shall take effect
182		-	October 1, 2022.
	177	+	(3) Controlled dangerous substance testing by a laboratory facility of a law 20
	178	+	enforcement or correctional agency that maintains laboratory testing standards 21
	179	+	comparable to the standards in this section. 22
183	180
184		-	Approved by the Governor, April 21, 2022.
	181	+	Article – Transportation 23
	182	+
	183	+	16–205.2. 24
	184	+
	185	+	(a) A police officer who has reasonable grounds to believe that an individual is or 25
	186	+	has been driving or attempting to drive a motor vehicle while under the influence of alcohol 26
	187	+	or while impaired by alcohol may, without making an arrest and prior to the issuance of a 27
	188	+	citation, request the individual to submit to a preliminary breath test to be administered 28
	189	+	by the officer using a device approved by the [State Toxicologist] TOXICOLOGIST IN THE 29
	190	+	DEPARTMENT OF STATE POLICE FORENSIC SCIENCES DIVISION. 30
	191	+
	192	+	SECTION 2. AND BE IT FURTHER ENACTED, That the qualifications and 31
	193	+	approvals issued by the State Toxicologist under the Postmortem Examiners Commission 32 SENATE BILL 216 5
	194	+
	195	+
	196	+	before the effective date of this Act remain valid through this Act’s transfer of those 1
	197	+	functions to the Department of State Police Forensic Sciences Division. 2
	198	+
	199	+	SECTION 3. AND BE IT FURTHER ENACTED , That this Act shall take effect 3
	200	+	October 1, 2022. 4
	201	+
	202	+
	203	+
	204	+
	205	+	Approved:
	206	+	________________________________________________________________________________
	207	+	Governor.
	208	+	________________________________________________________________________________
	209	+	President of the Senate.
	210	+	________________________________________________________________________________
	211	+	Speaker of the House of Delegates.