Ch. 458

1994 LAWS OF MARYLAND

(2) THE DIRECTOR MAY CONTRACT WITH A QUALIFIED DNA LABORATORY
THAT MEETS THE GUIDELINES ESTABLISHED BY THE DIRECTOR TO COMPLETE DNA
TYPING ANALYSES.

(K) (1) THE TYPING RESULTS AND PERSONAL IDENTIFICATION INFORMATION
OF THE DNA PROFILE OF AN INDIVIDUAL IN THE STATEWIDE DNA DATA BASE SYSTEM
MAY BE MADE AVAILABLE TO THE FOLLOWING AGENCIES OR PERSONS UPON WRITTEN
OR ELECTRONIC REQUEST AFTER VERIFICATION BY THE DIRECTOR THAT A MATCH HAS
BEEN MADE IN THE POPULATION DATA BASE AND THE REQUEST IS IN THE
FURTHERANCE OF ANY OF THE PURPOSES SET FORTH IN SUBSECTION (E) OF THIS
SECTION:                                                      

(I) FEDERAL, STATE, AND LOCAL LAW ENFORCEMENT AGENCIES;

(II) CRIME LABORATORIES THAT SERVE FEDERAL, STATE, AND LOCAL
LAW ENFORCEMENT AGENCIES THAT HAVE BEEN APPROVED BY THE DIRECTOR;

(III) A STATE'S ATTORNEY'S OFFICE OR OTHER PROSECUTORIAL
OFFICE; AND

(IV) ANY PERSON PARTICPATING IN A JUDICIAL PROCEEDING IN
WHICH THE DATA BASE INFORMATION MAY BE OFFERED AS EVIDENCE,                   

(2) (I) THE TYPING RESULTS AND PERSONAL IDENTIFICATION
INFORMATION OF THE DNA PROFILE OF AN INDIVIDUAL IN THE STATEWIDE DNA DATA
BASE SYSTEM SHALL BE MADE AVAILABLE TO A DEFENDANT OR A DEFENDANT'S
COUNSEL ON WRITTEN ORDER OF THE COURT IN WHICH THE CASE IN PENDING.

(II) A SEARCH OF THE DATA BASE SHALL BE CONDUCTED TO
DETERMINE THE EXISTENCE OF A MATCH TO DNA OBTAINED FROM CRIME SCENE
EVIDENCE TAKEN IN RELATION TO THE CRIME FOR WHICH A DEFENDANT IS CHARGED
IF, UPON THE REQUEST OF THAT DEFENDANT, A WRITTEN COURT, ORDER COMMANDS
THE DATA BASE SEARCH.                                                      

(III) NOTHING IN THIS SECTION LIMITS A COURT FROM ORDERING ANY
DISCOVERY OF A DNA RECORD OR OTHER RELATED MATERIAL IN A CRIMINAL CASE.

(IV) THE DIRECTOR SHALL MAINTAIN A FILE OF ALL ORDERS ISSUED
UNDER THIS PARAGRAPH.

(3) THE SUPERINTENDENT, AFTER CONSULTATION WITH THE DIRECTION,
SHALL ADOPT REGULATIONS GOVERNING THE METHODS OF OBTAINING INFORMATION
FROM THE STATEWIDE DNA DATA BASE SYSTEM AND CODIS WHICH SHALL INCLUDE
PROCEDURES FOR VERIFICATION OF THE IDENTITY AND AUTHORITY OF THE
INDIVIDUAL OR AGENCY REQUESTING THE INFORMATION.

(4) (I) THE DIRECTOR SHALL CREATE A POPULATION DATA BASE
COMPRISED OF DNA SAMPLES OBTAINED UNDER THIS SECTION.

(II) ALL PERSONAL IDENTIFIERS SHALL BE REMOVED BEFORE THE
INFORMATION IS ENTERED INTO THE POPULATION DATA BASE.

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