Ch. 240

2003 LAWS OF MARYLAND

(iii) shall issue an order disposing of the matter as required by the
interests of justice and the integrity of the criminal justice system.

(5) If a person objects to the disposition of the scientific identification
evidence, the State shall have the burden of proving by a preponderance of the evidence
that the evidence should be disposed] SHALL HOLD A HEARING ON THE PROPOSED
DISPOSITION OF THE EVIDENCE AND AT THE CONCLUSION OF THE HEARING, IF THE
COURT DETERMINES BY A PREPONDERANCE OF THE EVIDENCE THAT:

(I) THE EVIDENCE HAS NO SIGNIFICANT VALUE FOR FORENSIC
SCIENCE ANALYSIS. THE COURT MAY ORDER THE RETURN OF THE EVIDENCE TO ITS
RIGHTFUL OWNER THE DESTRUCTION OF THE EVIDENCE, OR OTHER DISPOSITION
AS PROVIDED BYLAW; OR

(II) THE EVIDENCE IS OF SUCH SIZE, BULK, OR PHYSICAL
CHARACTER THAT IT CANNOT PRACTICABLY BE RETAINED BY A LAW ENFORCEMENT
AGENCY, ON A SHOWING OF NEED, THE COURT SHALL ORDER THAT THE EVIDENCE
BE MADE AVAILABLE TO THE PARTY OBJECTING TO THE DISPOSITION OF THE
EVIDENCE FOR THE PURPOSE OF OBTAINING REPRESENTATIVE SAMPLES FROM THE
EVIDENCE IN THE FORM OF CUTTINGS, SWABS, OR OTHER MEANS, PRIOR TO THE
RELEASE OR DESTRUCTION OF THE EVIDENCE.

(5) IF THE COURT ORDERS THAT REPRESENTATIVE SAMPLES BE MADE
AVAILABLE UNDER PARAGRAPH (4)(II) OF THIS SUBSECTION, THE COURT SHALL
FURTHER ORDER THAT THE SAMPLES BE OBTAINED BY A QUALIFIED CRIME SCENE
TECHNICIAN ACTING ON BEHALF OF THE PARTY SEEKING TO OBTAIN THE SAMPLES
OR BY THE LAW ENFORCEMENT AGENCY IN POSSESSION OF THE EVIDENCE, WHICH
ALSO SHALL PRESERVE AND STORE THE REPRESENTATIVE SAMPLES UNTIL THE
REPRESENTATIVE SAMPLES ARE RELEASED TO THE CUSTODY OF A DNA TESTING
FACILITY.

(6) AN APPEAL TO THE COURT OF APPEALS MAY BE TAKEN FROM AN
ORDER ENTERED UNDER SUBSECTION (C), (H)(2), OR (J)(4) OF THIS SECTION.

Article - Public Safety

2-501.

(a)      In this subtitle the following words have the meanings indicated.

(b)      (I) "CODIS" means the Federal Bureau of Investigation's "Combined
DNA Index System" that allows the storage and exchange of DNA records submitted by
FEDERAL, [state] STATE, and local forensic DNA laboratories.

(2) "CODIS" INCLUDES THE NATIONAL DNA INDEX ADMINISTERED AND
OPERATED BY THE FEDERAL BUREAU OF INVESTIGATION.

(c)      "Crime Laboratory" means the Crime Laboratory Division of the
Department.

[(d) "Crime of violence" means:

(1) sexual abuse of a minor under § 3-602 of the Criminal Law Article;

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