2010 Maryland Code
PUBLIC SAFETY
TITLE 2 - DEPARTMENT OF STATE POLICE
Subtitle 5 - Statewide DNA Data Base System
Section 2-501 - Definitions.
§ 2-501. Definitions [Amendment subject to abrogation].
(a) In general.- In this subtitle the following words have the meanings indicated.
Revisor's Note.
This subsection formerly was Art. 88B, § 12A(a)(1).
In this subsection and throughout this subtitle, the reference to this "subtitle" is substituted for the former reference to this "section" to reflect the reorganization of former § 12A as a subtitle in this revision.
No other changes are made.
(b) Burglary.- "Burglary" includes the crimes enumerated in §§ 6-202, 6-203, and 6-204 of the Criminal Law Article.
(c) CODIS.-
(1) "CODIS" means the Federal Bureau of Investigation's "Combined DNA Index System" that allows the storage and exchange of DNA records submitted by federal, state, and local forensic DNA laboratories.
(2) "CODIS" includes the national DNA index administered and operated by the Federal Bureau of Investigation.
Revisor's Note.
SPECIAL REVISOR'S NOTE
As enacted by Ch. 5, Acts of 2003, this subsection formerly was Art. 88B, § 12A(a)(2). No changes were made. However, Ch. 240, Acts of 2003, added "federal" to paragraph (1) of this subsection and added paragraph (2) of this subsection.
Defined Terms.
"DNA" § 2-501
"DNA records" § 2-501
"State" § 1-101
(d) Crime Laboratory.- "Crime Laboratory" means the Forensic Sciences Division of the Department.
Revisor's Note.
This subsection formerly was Art. 88B, § 12A(a)(3).
The only change is in style.
Defined Terms.
"Department" § 2-101
(e) Crime of violence.-
(1) Except as provided in paragraph (2) of this subsection, "crime of violence" has the meaning stated in § 14-101 of the Criminal Law Article.
(2) "Crime of violence" does not include mayhem.
(f) Director.- "Director" means the Director of the Crime Laboratory or the Director's designee.
Revisor's Note.
SPECIAL REVISOR'S NOTE
Chapter 5, Acts of 2003, enacted this subsection as § 2-501(e), which formerly was Art. 88B, § 12A(a)(4). No changes were made. However, Ch. 240, Acts of 2003, renumbered this subsection to be § 2-501(d).
Defined Terms.
"Crime Laboratory" § 2-501
(g) DNA.- "DNA" means deoxyribonucleic acid.
Revisor's Note.
SPECIAL REVISOR'S NOTE
Chapter 5, Acts of 2003, enacted this subsection as § 2-501(f), which formerly was Art. 88B, § 12A(a)(5). No changes were made. However, Ch. 240, Acts of 2003, renumbered this subsection to be § 2-501(e).
(h) DNA record.-
(1) "DNA record" means DNA information stored in CODIS or the statewide DNA data base system.
(2) "DNA record" includes the information commonly referred to as a DNA profile.
Revisor's Note.
SPECIAL REVISOR'S NOTE
Chapter 5, Acts of 2003, enacted this subsection as § 2-501(g), which was new language derived without substantive change from former Art. 88B, § 12A(a)(6). However, Ch. 240, Acts of 2003, renumbered this subsection to be § 2-501(f).
Defined Terms.
"CODIS" § 2-501
"DNA" § 2-501
"Statewide DNA data base system" § 2-501
(i) DNA sample.- "DNA sample" means a body fluid or tissue sample that is:
(1) provided by an individual who is convicted of a felony or a violation of § 6-205 or § 6-206 of the Criminal Law Article;
(2) provided by an individual who is charged with:
(i) a crime of violence or an attempt to commit a crime of violence; or
(ii) burglary or an attempt to commit burglary; or
(3) submitted to the statewide DNA data base system for testing as part of a criminal investigation.
Revisor's Note.
SPECIAL REVISOR'S NOTE
Chapter 5, Acts of 2003, enacted this subsection as § 2-501(h), which was new language derived without substantive change from former Art. 88B, § 12A(a)(7). However, Ch. 240, Acts of 2003, renumbered this subsection to be § 2-501(g) and amended item (1) of this subsection.
In item (1) of this subsection, the reference to an "individual" was substituted by Ch. 5 for the former reference to a "person" because only an individual, and not the other entities included in the defined term "person", can provide a DNA sample.
Defined Terms.
"Statewide DNA data base system" § 2-501
(j) Statewide DNA data base system.- "Statewide DNA data base system" means the DNA record system administered by the Department for identification purposes.
Revisor's Note.
SPECIAL REVISOR'S NOTE
Chapter 5, Acts of 2003, enacted this subsection as § 2-501(i), which formerly was Art. 88B, § 12A(a)(9). The only changes were in style. However, Ch. 240, Acts of 2003, renumbered this subsection to be § 2-501(h).
Defined Terms.
"Department" § 2-101
"DNA record" § 2-501
(k) Statewide DNA repository.- "Statewide DNA repository" means the State repository of DNA samples collected under this subtitle.
Revisor's Note.
SPECIAL REVISOR'S NOTE
Chapter 5, Acts of 2003, enacted this subsection as § 2-501(j), which formerly was Art. 88B, § 12A(a)(10). The only change was in style. However, Ch. 240, Acts of 2003, renumbered this subsection to be § 2-501(i).
Defined Terms.
"DNA sample" § 2-501
[An. Code 1957, art. 88B, § 12A(a)(1)-(10); 2003, ch. 5, § 2; ch. 240; 2008, ch. 337.]
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