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Session Laws, 1994
Volume 773, Page 2197   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                            Ch. 458

(III)    NOTHING SHALL PROHIBIT THE SHARING OR DISSEMINATING OF
POPULATION DATA BASE INFORMATION WITH:

1. FEDERAL, STATE, OR LOCAL LAW ENFORCEMENT
AGENCIES;

2. CRIME LABORATORIES THAT SERVE FEDERAL, STATE, AND
LOCAL LAW ENFORCEMENT AGENCIES THAT HAVE BEEN APPROVED BY THE DIRECTOR;

3. A STATE'S ATTORNEY'S OFFICE; OR

4. ANY THIRD PARTY THAT THE DIRECTOR DEEMS NECESSARY
TO ASSIST THE CRIME LABORATORY WITH STATISTICAL ANALYSES OF THE POPULATION
DATA BASE.

(IV)    THE POPULATION DATA BASE MAY BE MADE AVAILABLE TO AND
SEARCHED BY ANY AGENCY PARTICIPATING IN THE CODIS SYSTEM.

(L) ANY MATCH OBTAINED BETWEEN AN EVIDENCE SAMPLE AND A DATA BASE
ENTRY MAY ONLY BE USED AS PROBABLE CAUSE TO OBTAIN A BLOOD SAMPLE FROM
THE SUBJECT AND IS NOT ADMISSIBLE AT TRIAL UNLESS CONFIRMED BY ADDITIONAL
TESTING.

(M) (1) A PERSON WHOSE DNA RECORD OR PROFILE HAS BEEN INCLUDED IN
THE STATEWIDE DNA DATA BASE SYSTEM AND WHOSE DNA SAMPLE IS STORED IN THE
STATEWIDE DNA REPOSITORY MAY REQUEST THAT INFORMATION BE EXPUNGED ON THE
GROUNDS THAT THE CONVICTION WHICH RESULTED IN THE INCLUSION OF THE
PERSON'S DNA RECORD OR PROFILE IN THE STATEWIDE DNA DATA BASE SYSTEM OR THE
INCLUSION OF THE PERSON'S DNA SAMPLE IN THE STATEWIDE DNA REPOSITORY MEETS
THE EXPUNGEMENT CRITERIA SPECIFIED IN ARTICLE 27, § 737 OF THE CODE.

(2) EXPUNGEMENT PROCEEDINGS SHALL BE CONDUCTED IN
ACCORDANCE WITH ARTICLE 27, § 737 OF THE CODE.

(3) UPON RECEIPT OF AN ORDER OF EXPUNGEMENT, THE DIRECTOR
SHALL PURGE ANY DNA RECORD, DNA SAMPLE, OR OTHER IDENTIFIABLE INFORMATION
COVERED BY THE ORDER FROM THE STATEWIDE DNA DATA BASE SYSTEM AND THE
STATEWIDE DNA REPOSITORY.

(N) (1) A PERSON WHO, BY VIRTUE OF EMPLOYMENT OR OFFICIAL POSITION,
HAS POSSESSION OF OR ACCESS TO INDIVIDUALLY IDENTIFIABLE DNA INFORMATION
CONTAINED IN THE STATEWIDE DNA DATA BASE SYSTEM OR STATEWIDE DNA
REPOSITORY AND WHO WILLFULLY DISCLOSES THAT INFORMATION IN ANY MANNER TO
ANY PERSON OR AGENCY NOT ENTITLED TO RECEIVE THAT INFORMATION IS GUILTY OF
A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A FINE NOT EXCEEDING $1,000 OR
IMPRISONMENT NOT EXCEEDING 3 YEARS OR BOTH.

(2) A PERSON WHO, WITHOUT AUTHORIZATION, WILLFULLY OBTAINS
INDIVIDUALLY IDENTIFIABLE DNA INFORMATION FROM THE STATEWIDE DNA DATA
BASE SYSTEM OR REPOSITORY IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS
SUBJECT TO A FINE NOT EXCEEDING $1,000 OR IMPRISONMENT NOT EXCEEDING 3 YEARS
OR BOTH.

- 2197 -

 

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Session Laws, 1994
Volume 773, Page 2197   View pdf image
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