2010 Maryland Code
TITLE 2 - DEPARTMENT OF STATE POLICE
Subtitle 5 - Statewide DNA Data Base System
Section 2-504 - Collection of DNA samples.
§ 2-504. Collection of DNA samples [Amendment subject to abrogation].
(a) In general.-
(1) In accordance with regulations adopted under this subtitle, an individual who is convicted of a felony or a violation of § 6-205 or § 6-206 of the Criminal Law Article shall:
(i) have a DNA sample collected either at the time of sentence or on intake to a correctional facility, if the individual is sentenced to a term of imprisonment; or
(ii) provide a DNA sample as a condition of sentence or probation, if the individual is not sentenced to a term of imprisonment.
(2) An individual who was convicted of a felony or a violation of § 6-205 or § 6-206 of the Criminal Law Article on or before October 1, 2003 and who remains confined in a correctional facility on or after October 1, 1999, shall submit a DNA sample to the Department.
(3) (i) In accordance with regulations adopted under this subtitle, a DNA sample shall be collected from an individual who is charged with:
1. a crime of violence or an attempt to commit a crime of violence; or
2. burglary or an attempt to commit burglary.
(ii) At the time of collection of the DNA sample under this paragraph, the individual from whom a sample is collected shall be given notice that the DNA record may be expunged and the DNA sample destroyed in accordance with § 2-511 of this subtitle.
(iii) DNA evidence collected from a crime scene or collected as evidence of sexual assault at a hospital that a law enforcement investigator considers relevant to the identification or exoneration of a suspect shall be tested as soon as reasonably possible following collection of the sample.
(b) Place of collection.- In accordance with regulations adopted under this subtitle, each DNA sample required to be collected under this section shall be collected:
(1) at the time the individual is charged, at a facility specified by the Secretary;
(2) at the correctional facility where the individual is confined, if the individual is confined in a correctional facility on or after October 1, 2003, or is sentenced to a term of imprisonment on or after October 1, 2003;
(3) at a facility specified by the Director, if the individual is on probation or is not sentenced to a term of imprisonment; or
(4) at a suitable location in a circuit court following the imposition of sentence.
(c) Authorized collectors.- A DNA sample shall be collected by an individual who is:
(1) designated by the Director; and
(2) trained in the collection procedures that the Crime Laboratory uses.
(d) Testing of sample from individual charged with crime under subsection (a)(3).-
(1) A DNA sample collected from an individual charged with a crime under subsection (a)(3) of this section may not be tested or placed in the statewide DNA data base system prior to the first scheduled arraignment date unless requested or consented to by the individual as provided in paragraph (3) of this subsection.
(2) If all qualifying criminal charges are determined to be unsupported by probable cause:
(i) the DNA sample shall be immediately destroyed; and
(ii) notice shall be sent to the defendant and counsel of record for the defendant that the sample was destroyed.
(3) An individual may request or consent to have the individual's DNA sample processed prior to arraignment for the sole purpose of having the sample checked against a sample that:
(i) has been processed from the crime scene or the hospital; and
(ii) is related to the charges against the individual.
(e) Second DNA sample.- A second DNA sample shall be taken if needed to obtain sufficient DNA for the statewide DNA data base system or if ordered by the court for good cause shown.
(f) Failure to provide DNA sample.- Failure of an individual who is not sentenced to a term of imprisonment to provide a DNA sample within 90 days after notice by the Director is a violation of probation.
[An. Code 1957, art. 88B, § 12A(c)-(f), (i), (j); 2003, ch. 5, § 2; ch. 240; 2004, ch. 66; 2005, chs. 325, 448, 449; 2008, ch. 337.]
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