Section 10-1004 - Statement establishing chain of custody. - Maryland Statutes

§ 10-1004. Statement establishing chain of custody.
 

(a)  Definitions.-  

(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. 

(b)  Statement establishing chain of custody; contents.-  

(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. 

(c)  Use of statement at trial.-  

(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. 

(d)  Supporting or contradictory evidence.- Nothing in this section precludes the right of a party to introduce any evidence supporting or contradicting the evidence contained in the statement. 
 

[1982, ch. 839, § 4; 1990, ch. 6, §§ 2, 11; 1996, ch. 10, §§ 1, 21; 2010, ch. 72, § 5.]