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§PARRIS N. GLENDENING, Governor Ch. 465
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(c) Pursuant to regulations adopted by the Secretary after consultation with
the Director under this section, a person convicted of a [qualifying crime of violence]
FELONY OR A VIOLATION OF § 6-205 OR § 6-206 OF THE OF THE CRIMINAL LAW
ARTICLE shall:
(1) Have a DNA sample collected upon intake to any prison or detention
facility; or
(2) If not sentenced to a term of imprisonment, provide a DNA sample as
a condition of sentence or probation.
(d) A second DNA sample shall be taken if ordered by the court for good cause
shown.
(D) A SECOND DNA SAMPLE MAY BE TAKEN IF NEEDED TO OBTAIN
SUFFICIENT DNA FOR THE STATE DATABASE OR IF ORDERED BY THE COURT FOR
GOOD CAUSE SHOWN.
(e) If a person is not sentenced to a term of imprisonment, failure to provide a
DNA sample within 90 days of notice by the Director shall be considered a violation of
probation.
(f) A person who has been convicted of a [qualifying crime of violence]
FELONY OR A VIOLATION OF § 6-205 OR § 6-206 OF THE CRIMINAL LAW ARTICLE prior
to October 1, [1999] 2002, and who remains incarcerated on that date shall submit a
DNA sample to the Department of State Police.
(g) (1) To the extent fiscal resources are available, DNA samples shall be
tested for the following purposes:
(i) To analyze and type the genetic markers contained in or derived
from DNA samples;
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(ii) In the furtherance of an official investigation into a criminal
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offense;
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(iii) To assist in the identification of human remains;
(iv) To assist in the identification of missing persons; and
(v) For research and administrative purposes, including:
1. Development of a population data base after personal
identifying information is removed;
2. Support of identification research and protocol
development of forensic DNA analysis methods; and
3. Quality control purposes.
(2) (i) Only DNA records that directly relate to the identification of
individuals shall be collected and stored.
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- 3717 -
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