Ch. 440

1997 LAWS OF MARYLAND

shall be made available by a party seeking to introduce the evidence of a DNA
profile; altering the definition of "DNA profile"; providing that provisions of law
relating to the admissibility of DNA profile evidence do not preclude discovery
under the Maryland Rules of Criminal Procedure relating to discovery, under
certain circumstances; providing for the application of this Act; and generally
relating to criminal procedure and DNA profiles.

BY repealing and reenacting, with amendments,
Article - Courts and Judicial Proceedings
Section 10-915
Annotated Code of Maryland
(1995 Replacement Volume and 1996 Supplement)

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 of each
individual.

(3) "DNA profile" means an analysis that utilizes the restriction fragment
length polymorphism analysis OR POLYMERASE CHAIN REACTION of DNA resulting in
the identification of an individual's [patterned] chemical structure of genetic
information.

(3) "DNA PROFILE" MEANS AN ANALYSIS OF GENETIC LOCI THAT HAVE
BEEN VALIDATED ACCORDING TO STANDARDS ESTABLISHED BY:

(I) THE TECHNICAL WORKING GROUP ON DNA ANALYSIS
METHODS (TWGDAM); OR

(II) THE DNA ADVISORY BOARD OF THE FEDERAL BUREAU OF
INVESTIGATION.

(B) A STATEMENT FROM THE TESTING LABORATORY SETTING FORTH THAT
THE ANALYSIS OF GENETIC LOCI HAS BEEN VALIDATED BY STANDARDS
ESTABLISHED BY TWGDAM OR THE DNA ADVISORY BOARD IS SUFFICIENT TO ADMIT
A DNA PROFILE UNDER THIS SECTION.

(b) (C) In any criminal proceeding, the evidence of a DNA profile is admissible
to prove or disprove the identity of any person, if the party seeking to introduce the
evidence of a DNA profile:

(1) Notifies in writing the other party or parties by mail at least 45 days
before any criminal proceeding; and

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