Ch. 240

2003 LAWS OF MARYLAND

(1) THE SPECIFIC EVIDENCE TO BE TESTED;

(2) THE METHOD OF TESTING TO BE USED;

(3) THE PRESERVATION OF SOME OF THE SAMPLE FOR REPLICATE
TESTING AND ANALYSIS;

(4) THE LABORATORY WHERE THE TESTING IS TO BE PERFORMED,
PROVIDED THAT IF THE PARTIES CANNOT AGREE ON A LABORATORY, THE COURT
MAY APPROVE TESTING AT ANY LABORATORY ACCREDITED BY THE AMERICAN
SOCIETY OF CRIME LABORATORY DIRECTORS (ASCLAD), THE LABORATORY
ACCREDITATION BOARD (LAB), OR THE NATIONAL FORENSIC SCIENCE TECHNOLOGY
CENTER; AND

(5) RELEASE OF BIOLOGICAL EVIDENCE BY A THIRD PARTY.

(f) (1) Except as provided in paragraph (2) of this subsection, DNA testing
ordered under subsection (c) of this section shall be conducted as soon as practicable.

(2) Based on a finding of necessity, the court may order the DNA testing to
be completed by a date that the court provides.

(g) (1) Except as provided in paragraph (2) of this subsection, the petitioner
shall pay the cost of DNA testing ordered under SUBSECTION (C) OF this section.

(2) If the results of the DNA testing that the court orders under this
section are favorable to the petitioner, the court shall order the State to pay the costs of
the testing.

(h) (1) If the results of the postconviction DNA testing are unfavorable to the
petitioner, the court shall dismiss the petition.

(2) If the results of the postconviction DNA testing are favorable to the
petitioner, the court shall:

(i) if no postconviction proceeding has been previously initiated by
the petitioner under § 7-102 of this article, open a postconviction proceeding under §
7-102 of this article; or

(ii) if a postconviction proceeding has been previously initiated by
the petitioner under § 7-102 of this article, reopen a postconviction proceeding under §
7-104 of this article.

(i) (1) The State shall preserve scientific identification evidence that:

(i) the State has reason to know contains DNA material; and

(ii) is secured in connection with an offense described in subsection
(b) of this section.

(2) The State shall preserve scientific identification evidence described
in paragraph (1) of this subsection for[:] THE TIME OF THE SENTENCE, INCLUDING
ANY CONSECUTIVE SENTENCE IMPOSED IN CONNECTION WITH THE OFFENSE.

- 2046 -