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§ 10-1004. Signed statements by morticians

West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: October 1, 2010

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 10. Evidence (Refs & Annos)
Subtitle 10. Chain of Custody (Refs & Annos)
Part II. Bodies
Effective: October 1, 2010
MD Code, Courts and Judicial Proceedings, § 10-1004
§ 10-1004. Signed statements by morticians
Currentness
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Medical examiner's case” has the meaning stated in § 5-301(c) of the Health-General Article.
(3) “Mortician” has the meaning stated in § 7-101(s) of the Health Occupations Article.
Statements by morticians, or mortician’s agents, servants, or employees
(b)(1) In a criminal proceeding for a death which is a medical examiner's case, the chain of physical custody and control may be established by a signed statement by the mortician, or the mortician's agent, servant, or employee, who transported the body to the medical examiner's office, without the necessity of the personal appearance in court by the person who signed the statement.
(2) The statement shall contain:
(i) A description of the initial condition of the body when it was taken into custody by the mortician or the mortician's agent, servant, or employee;
(ii) A statement that the body was delivered to the medical examiner on a certain date on or about a certain time; and
(iii) A statement that the body was in essentially the same condition when delivered to the medical examiner as when it was taken into custody.
(3) A statement is prima facie evidence of the facts stated.
Statements offered as evidence without testimony
(c)(1) If the State intends to offer the statement without the testimony of the mortician, or the mortician's agent, servant, or employee, the State shall, at least 25 days before trial, give the defendant or the defendant's attorney notice of its intention and deliver a copy of the statement.
(2) If the defendant desires that the mortician or the mortician's agent, servant, or employee, be present and testify at trial, the defendant shall notify the State at least 15 days before trial. If a timely notice is given, the statement is inadmissible without the testimony of the mortician, or the mortician's agent, servant, or employee.
Evidence supporting or contradicting statement
(d) Nothing in this section precludes the right of a party to introduce any evidence supporting or contradicting the evidence contained in the statement.

Credits

Added by Acts 1982, c. 839, § 4, eff. July 1, 1982. Amended by Acts 1990, c. 6, § 2, eff. Feb. 16, 1990; Acts 1990, c. 6, § 11, eff. Feb. 16, 1990; Acts 1996, c. 10, § 1, eff. April 9, 1996; Acts 2010, c. 72, § 5, eff. April 13, 2010.
MD Code, Courts and Judicial Proceedings, § 10-1004, MD CTS & JUD PRO § 10-1004
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.
End of Document