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§ 10-1002. Chain of custody

West's Annotated Code of MarylandCourts and Judicial Proceedings

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 10. Evidence (Refs & Annos)
Subtitle 10. Chain of Custody (Refs & Annos)
Part I. Controlled Dangerous Substances
MD Code, Courts and Judicial Proceedings, § 10-1002
§ 10-1002. Chain of custody
Currentness
Chain of custody defined
(a) In this part:
(1) “Chain of custody” means:
(i) The seizing officer;
(ii) The packaging officer, if the packaging officer is not also the seizing officer; and
(iii) The chemist or other person who actually touched the substance and not merely the outer sealed package in which the substance was placed by the law enforcement agency before or during the analysis of the substance; and
(2) “Chain of custody” does not include a person who handled the substance in any form after analysis of the substance.
Statements signed by persons in chain of custody
(b)(1) For the purpose of establishing, in a criminal or civil proceeding, the chain of physical custody or control of evidence consisting of or containing a substance tested or analyzed to determine whether it is a controlled dangerous substance under Title 5 of the Criminal Law Article, a statement signed by each successive person in the chain of custody that the person delivered it to the other person indicated on or about the date stated is prima facie evidence that the person had custody and made the delivery as stated, without the necessity of a personal appearance in court by the person signing the statement.
(2) The statement shall contain a sufficient description of the material or its container so as to distinguish it as the particular item in question and shall state that the material was delivered in essentially the same condition as received.
(3) The statement may be placed on the same document as the report provided for in § 10-1001 of this part.
(4) 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 statement.

Credits

Added by Acts 1974, c. 794, § 1, eff. July 1, 1974. Amended by Acts 1988, c. 719, § 1, eff. July 1, 1988; Acts 2002, c. 213, § 6, eff. Oct. 1, 2002.
MD Code, Courts and Judicial Proceedings, § 10-1002, MD CTS & JUD PRO § 10-1002
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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