H.B. 575                                                 VETOES

(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 BY-LAW; OR

(II)     THE EVIDENCE IS OF SUCH SIZE, BULK, OR PHYSICAL
CHARACTER THAT IT CANNOT PRACTICABLY BE RETAINED BY A LAW ENFORCEMENT
AGENCY, THE COURT MAY DIRECT THE RELEASE OR DESTRUCTION OF THE
EVIDENCE AFTER AFFORDING THE ADVERSE PARTY A REASONABLE OPPORTUNITY
TO OBTAIN REPRESENTATIVE SAMPLES OF ANY BIOLOGICAL EVIDENCE THAT CAN
BE OBTAINED FROM THE ITEM BY MEANS OF TAKING CUTTINGS OR SWABS, OR
OTHER MEANS OF OBTAINING REPRESENTATIVE SAMPLES 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.

(5) (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)     (1) "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 IDENTIFICATION INDEX
ADMINISTERED AND OPERATED BY THE FEDERAL BUREAU OF INVESTIGATION.

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

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