ROBERT L. EHRLICH, JR., Governor                           H.B. 575

(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.

(3)     The State shall make the scientific identification evidence available
to parties in the case under terms that are mutually agreed on between them.

(4)     If an agreement cannot be reached, the party requesting the testing
may file an application in the circuit court that entered the judgment for an order
setting the terms under which the evidence will be made available for testing.

(j) (1) The State may dispose of scientific identification evidence before the
expiration of the time period described in subsection (i) of this section if the State
notifies the following persons:

(i) the person who is incarcerated in connection with the case;

(ii) any attorney of record for the person incarcerated; and

(iii) the Office of Public Defender for the judicial district in which
the judgment of conviction was entered.

(2)     The notification required in paragraph (1) of this subsection shall
include:

(i) a description of the scientific identification evidence;

(ii) a statement that the State intends to dispose of the evidence;

(iii) a statement that the State will dispose of the evidence unless a
party files an objection in writing within 120 days from the date of service in the
circuit court that entered the judgment; and

(iv) the name and mailing address of the circuit court where an
objection may be filed.

(3)     Unless another law or court order requires the preservation of the
scientific identification evidence, if no objection to the disposition of the evidence is
filed within 120 days of the notice required under this subsection, the State may
dispose of the evidence.

(4)     If a person files written objections to the State's notice that it intends
to dispose of scientific identification evidence, the court[:

(i) shall consider the reasons for and against disposition of the
evidence;

(ii) may hold a hearing on the proposed disposition of the evidence;
and

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

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