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Session Laws, 2003
Volume 799, Page 103   View pdf image
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ROBERT L. EHRLICH, JR., Governor

Ch. 5

EACH PROCEDURE ADOPTED BY THE DIRECTOR SHALL INCLUDE QUALITY
ASSURANCE GUIDELINES TO ENSURE THAT DNA RECORDS MEET STANDARDS AND
AUDIT REQUIREMENTS FOR LABORATORIES THAT SUBMIT DNA RECORDS FOR
INCLUSION IN THE STATEWIDE DNA DATA BASE SYSTEM AND CODIS.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 88B, § 12A(b)(4), (k)(l) and (3)(i), and (m)(3).

Defined terms: "CODIS" § 2-501
"Director" § 2-501
"DNA" § 2-501
"DNA record" § 2-501
"DNA sample" § 2-501
"Secretary" § 2-101
"Statewide DNA data base system" § 2-501

2-504. COLLECTION OF DNA SAMPLES.

(A)     IN GENERAL.

(1)      IN ACCORDANCE WITH REGULATIONS ADOPTED UNDER THIS
SUBTITLE, AN INDIVIDUAL WHO IS CONVICTED OF A CRIME OF VIOLENCE, AS
DEFINED IN § 2-501 OF THIS SUBTITLE, SHALL:

(I)      HAVE A DNA SAMPLE COLLECTED ON INTAKE TO A
CORRECTIONAL FACILITY, IF THE INDIVIDUAL IS SENTENCED TO A TERM OF
IMPRISONMENT; OR

(II)     PROVIDE A DNA SAMPLE AS A CONDITION OF SENTENCE OR
PROBATION, IF THE INDIVIDUAL IS NOT SENTENCED TO A TERM OF IMPRISONMENT.

(2)     AN INDIVIDUAL WHO WAS CONVICTED OF A CRIME OF VIOLENCE, AS
DEFINED IN § 2-501 OF THIS SUBTITLE, BEFORE OCTOBER 1, 1999, AND WHO REMAINS
CONFINED IN A CORRECTIONAL FACILITY ON OR AFTER OCTOBER 1, 1999, SHALL
SUBMIT A DNA SAMPLE TO THE DEPARTMENT.

(B)     PLACE OF COLLECTION.

IN ACCORDANCE WITH REGULATIONS ADOPTED UNDER THIS SUBTITLE, EACH
DNA SAMPLE REQUIRED TO BE COLLECTED UNDER THIS SECTION SHALL BE
COLLECTED:

(1)      AT THE CORRECTIONAL FACILITY WHERE THE INDIVIDUAL IS
CONFINED, IF THE INDIVIDUAL IS CONFINED IN A CORRECTIONAL FACILITY ON OR
AFTER OCTOBER 1, 1999 OR IS SENTENCED TO A TERM OF IMPRISONMENT ON OR
AFTER OCTOBER 1, 1999; OR

(2)      AT A FACILITY SPECIFIED BY THE DIRECTOR, IF THE INDIVIDUAL IS
NOT SENTENCED TO A TERM OF IMPRISONMENT.

(C)     AUTHORIZED COLLECTORS.

EACH DNA SAMPLE SHALL BE COLLECTED BY:

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Session Laws, 2003
Volume 799, Page 103   View pdf image
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