WILLIAM DONALD SCHAEFER, Governor Ch. 430

WHEREAS, Means of identifying that unique DNA structure have
been refined far beyond any previous means of human tissue
analysis, to a level of scientific accuracy that approaches an
infinitesimal margin of error; now, therefore,

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Courts and Judicial Proceedings

10-915.

(A)  (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.

(2)  "DEOXYRIBONUCLEIC ACID (DNA)" MEANS THE MOLECULES
IN ALL CELLULAR FORMS THAT CONTAIN GENETIC INFORMATION IN A
PATTERNED CHEMICAL STRUCTURE UNIQUE TO OF EACH INDIVIDUAL.

(3)   "DNA PROFILE" MEANS AN ANALYSIS OF DNA RESULTING
IN THE IDENTIFICATION OF AN INDIVIDUAL'S UNIQUELY PATTERNED
CHEMICAL STRUCTURE OF GENETIC INFORMATION.

(B) IN ANY LEGAL PROCEEDING, THE IDENTITY OF ANY PARTY MAY
BE PROVED OR DISPROVED BY EVIDENCE OF A DNA PROFILE.

(B)  IN ANY CRIMINAL PROCEEDING, THE EVIDENCE OF A DNA
PROFILE IS ADMISSIBLE TO PROVE OR DISPROVE THE IDENTITY OF ANY
PERSON.

(C)  IF THE STATE DECIDES TO OFFER EVIDENCE OF A DNA PROFILE
IN ANY CRIMINAL PROCEEDING, THE STATE SHALL , :

(1) AT LEAST 15 DAYS BEFORE THE CRIMINAL PROCEEDING,
NOTIFY IN WRITING THE DEFENDANT OR THE DEFENDANT'S ATTORNEY AND

MAIL, DELIVER, OR MAKE AVAILABLE TO THE DEPENDANT OR THE
DEFENDANT'S ATTORNEY A COPY OF ANY REPORT OR STATEMENT TO BE
INTRODUCED; AND----------------------------------------------------

(2) UPON WRITTEN DEMAND OF THE DEFENDANT FILED AT
LEAST 5 DAYS BEFORE THE CRIMINAL PROCEEDING, REQUIRE THE PRESENCE
OF ANY PERSON IN THE CHAIN OF CUSTODY AS A PROSECUTION WITNESS.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1989 January 1, 1990.

Approved May 19, 1989.

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