S.B. 298

VETOES

(2) (I) THE TYPING RESULTS AND PERSONAL IDENTIFICATION
INFORMATION OF THE DNA PROFILE OF AN INDIVIDUAL IN THE STATEWIDE DNA
DATA BASE SYSTEM MAY ALSO BE MADE AVAILABLE TO OTHER PARTIES OF
INTEREST A DEFENDANT OR DEFENDANT'S ATTORNEY UPON WRITTEN ORDER OF
THE COURT AFTER AN APPROPRIATE HEARING HAS BEEN CONDUCTED IN WHICH
THE CASE IS PENDING.

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

(3) THE DIRECTOR SHALL ADOPT RULES 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 REQUESTER 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.

(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. THE 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) (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) THE PERSON OR THE PERSON'S ATTORNEY SHALL APPLY TO THE
COURT FOR AN ORDER OF EXPUNGEMENT.

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