ROBERT L. EHRLICH, JR., Governor

Ch. 240

(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] 2003, or
is sentenced to a term of imprisonment on or after October 1, [1999] 2003; or

(2)     at a facility specified by the Director, if the individual is ON
PROBATION OR IS not sentenced to a term of imprisonment.

(c)      Each DNA sample shall be collected by:

(1) a correctional health nurse technician;
(2) a physician;

(3)     a registered nurse;

(4)     a licensed practical nurse;

(5) a laboratory technician; [or]

(6) a phlebotomist; OR

(7) AN INDIVIDUAL DESIGNATED BY THE SECRETARY WHO IS TRAINED
IN THE DNA COLLECTION PROCEDURES ESTABLISHED BY THE DEPARTMENT. A DNA
SAMPLE SHALL BE COLLECTED BY AN INDIVIDUAL WHO IS:

(1) APPOINTED BY THE DIRECTOR; AND

(2) TRAINED IN THE COLLECTION PROCEDURES THAT THE CRIME
LABORATORY USES.

(d)     A second DNA sample [shall] MAY be taken if NEEDED TO OBTAIN
SUFFICIENT DNA FOR THE STATEWIDE DNA DATA BASE SYSTEM OR IF ordered by the
court for good cause shown.

(e)     Failure of an individual who is not sentenced to a term of imprisonment to
provide a DNA sample within 90 days after notice by the Director is a violation of
probation.

2-505.

(a) To the extent fiscal resources are available, DNA samples shall be
COLLECTED AND tested:

(1)     to analyze and type the genetic markers contained in or derived from
the DNA samples;

(2)     as part of an official investigation into a crime;

(3)     to help identify human remains;

(4)     to help identify missing individuals; and

(5)     for research and administrative purposes, including:

(i) development of a population data base after personal identifying
information is removed;

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