CHAPTER 222

FORMERLY

HOUSE BILL NO. 237

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTERS 27 AND 41, TITLE 21 OF THE DELAWARE CODE RELATING TO DRIVING UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Section 2746, Title 21 of the Delaware Code by adding two new sentences at the end of said section to read as follows:

"Notwithstanding any other provision of law to the contrary, it shall not be necessary in any proceeding under this code to produce evidence that a person who has withdrawn blood from a person submitting to a chemical test under this title was qualified to do so as defined in this section. Notwithstanding any other provision of law to the contrary, it shall not be necessary to present the testimony of, or certification by, a person who has withdrawn blood from a person pursuant to this section in order to establish chain of physical custody of such evidence."

Section 2. Amend Section 4177(h)(3), Title 21 of the Delaware Code by adding the phrase "which is necessary to admit such evidence in any proceeding" between the word "section" and the first "," as they appear in said paragraph.

Section 3. Amend Section 4177(h)(4), Title 21 of the Delaware Code by deleting said paragraph in its entirety and substituting in lieu thereof the following:

"(4) In a criminal proceeding, the prosecution shall, upon written demand of a defendant filed in the proceedings at least 15 days prior to the trial, require the presence of the Forensic Toxicologist, Forensic Chemist, State Police Forensic Analytical Chemist, or any person necessary to establish the chain of custody as a witness in the proceeding. The chain of custody or control of evidence defined in this section is established when there is evidence sufficient to eliminate any reasonable probability that such evidence has been tampered with, altered or misidentified."

Section 4. If any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to that end the provisions of this Act are declared to be severable.

Section 5. This Act shall become effective immediately upon its enactment into Law and shall apply to all defendants tried or sentenced after its effective date.

Approved January 27, 1998