WILLIAM DONALD SCHAEFER, Governor                           S.B. 298

(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 DIRECTOR,
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.

(III)    NOTHING SHALL PROHIBIT THE SHARING OR DISSEMINATING OF
POPULATION DATA BASE IN FORMATION 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.

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