ROBERT L. EHRLICH, JR., Governor

Ch. 5

Defined terms: "Crime Laboratory" § 2-501
"DNA" § 2-501

2-508. AVAILABILITY OF DNA PROFILE.

(A)     IN GENERAL.

(1)      ON WRITTEN OR ELECTRONIC REQUEST AFTER VERIFICATION BY
THE DIRECTOR THAT A MATCH HAS BEEN MADE IN THE POPULATION DATA BASE,
THE TYPING RESULTS AND PERSONAL IDENTIFICATION INFORMATION OF THE DNA
PROFILE OF AN INDIVIDUAL IN THE STATEWIDE DNA DATA BASE SYSTEM MAY BE
MADE AVAILABLE TO:

(I)      FEDERAL, STATE, OR LOCAL LAW ENFORCEMENT AGENCIES;

(II)     CRIME LABORATORIES THAT HAVE BEEN APPROVED BY THE
DIRECTOR AND THAT SERVE FEDERAL, STATE, AND LOCAL LAW ENFORCEMENT
AGENCIES;

(III)   A STATE'S ATTORNEY'S OFFICE OR OTHER PROSECUTORIAL
OFFICE; AND

(IV)    A PERSON PARTICIPATING IN A JUDICIAL PROCEEDING IN
WHICH THE DATA BASE INFORMATION MAY BE OFFERED AS EVIDENCE.

(2)      A REQUEST FOR DNA INFORMATION UNDER PARAGRAPH (1) OF THIS
SUBSECTION MUST BE IN FURTHERANCE OF A PURPOSE SET FORTH IN § 2-505 OF
THIS SUBTITLE.

(B)     AVAILABILITY TO DEFENDANT.

(1)      THE TYPING RESULTS AND PERSONAL IDENTIFICATION
INFORMATION OF THE DNA PROFILE OF AN INDIVIDUAL IN THE STATEWIDE DNA
DATA BASE SYSTEM SHALL BE MADE AVAILABLE TO A DEFENDANT OR DEFENDANT'S
COUNSEL ON WRITTEN ORDER OF THE COURT IN WHICH THE CASE IS PENDING.

(2)      A SEARCH OF THE DATA BASE TO DETERMINE THE EXISTENCE OF A
MATCH TO DNA OBTAINED FROM CRIME SCENE EVIDENCE TAKEN IN RELATION TO
THE CRIME FOR WHICH A DEFENDANT IS CHARGED SHALL BE CONDUCTED IF:

(I)      THE DEFENDANT REQUESTS THE SEARCH; AND

(II)     A COURT ISSUES A WRITTEN ORDER FOR THE SEARCH.

(3)      THIS SUBTITLE DOES NOT LIMIT A COURT FROM ORDERING
DISCOVERY OF A DNA RECORD OR OTHER RELATED MATERIAL IN A CRIMINAL CASE.

(4)      THE DIRECTOR SHALL MAINTAIN A FILE OF ALL ORDERS ISSUED
UNDER THIS SUBSECTION.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 88B, § 12A(m)(1) and (2).

- 107 -