H.B. 575                                                 VETOES

Article - Public Safety

Section 2-501, 2-502, 2-504, 2-505, and 2-510

Annotated Code of Maryland

(As enacted by Chapter_______(S.B, 1) of the Acts of the General Assembly of

2003)

BY repealing and reenacting, with amendments,

Chapter 465 of the Acts of the General Assembly of 2002
Section 5

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Criminal Procedure

8-201.

(a) (1) In this section the following words have the meanings indicated.

(2)     "DNA" means deoxyribonucleic acid.

(3)     "LAW ENFORCEMENT AGENCY" MEANS ANY OF THE FOLLOWING:

(I)      A MUNICIPAL OR COUNTY POLICE DEPARTMENT;

(II)     SHERIFF'S OFFICE;

(III)   THE MARYLAND STATE POLICE;

(IV)    ANY PROSECUTING AUTHORITY;

(V)     ANY STATE, UNIVERSITY, COUNTY, OR MUNICIPAL POLICE UNIT
OR POLICE FORCE; AND

(VI)    ANY HOSPITAL, MEDICAL FACILITY, OR PRIVATE ENTITY THAT
IS CONDUCTING FORENSIC EXAMINATIONS AND SECURING BIOLOGICAL EVIDENCE

RELATED TO CRIMINAL INVESTIGATIONS.

(4)      "BIOLOGICAL EVIDENCE" INCLUDES, BUT IS NOT LIMITED TO, ANY
BLOOD, HAIR, SALIVA, SEMEN, EPITHELIAL CELLS, BUCCAL CELLS, OR OTHER BODILY
SUBSTANCES FROM WHICH GENETIC MARKER GROUPINGS MAY BE OBTAINED.

[(3)] (5) "Scientific identification evidence" means evidence that:

(i) is related to an investigation or prosecution that resulted in a
judgment of conviction;

(ii) is in the actual or constructive possession of [the State under
subsection (i) of this section] A LAW ENFORCEMENT AGENCY OR AGENT OF A LAW
ENFORCEMENT AGENCY; and

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