|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Ch. 465
|
|
|
|
|
|
2002 LAWS OF MARYLAND
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(ii) A search of the data base shall be conducted to determine the
existence of a match to DNA obtained from crime scene evidence taken in relation to
the crime for which a defendant is charged if, upon the request of that defendant, a
written court order commands the data base search.
(iii) Nothing in this section limits a court from ordering any
discovery of a DNA record or other related material in a criminal case.
(iv) The Director shall maintain a file of all orders issued under this
paragraph.
(3) The Secretary, after consultation with the Director, shall adopt
regulations governing the methods of obtaining information from the statewide DNA
data base system and CODIS which shall include procedures for verification of the
identity and authority of the individual or agency requesting the information.
(4) (i) The Director shall create a population data base comprised of
DNA samples obtained under this section.
(ii) All personal identifiers shall be removed before the information
is entered into the population data base.
(iii) Nothing shall prohibit the sharing or disseminating of
population data base information with:
1. Federal, State, or local law enforcement agencies;
2. Crime laboratories that serve federal, State, and local law
enforcement agencies that have been approved by the Director;
3. A State's Attorney's office; or
4. Any third party that the Director deems necessary to
assist the Crime Laboratory with statistical analyses of the population data base.
(iv) The population data base may be made available to and
searched by any agency participating in the CODIS system.
(n) Any match obtained between an evidence sample and a data base entry
may only be used as probable cause to obtain a blood AN ADDITIONAL DNA sample
from the subject and is not admissible at trial unless confirmed by additional testing.
(o) (1) A person whose DNA record or profile has been included in the
statewide DNA data base system and whose DNA sample is stored in the statewide
DNA repository may request that information be expunged on the grounds that the
conviction that resulted in the inclusion of the person's DNA record or profile in the
statewide DNA data base system or the inclusion of the person's DNA sample in the
statewide DNA repository meets:
(I) MEETS the expungement criteria specified in § 10-105 or §
10-106 of the Criminal Procedure Article; OR
(II) IS REVERSED OR VACATED ON APPEAL.
|
|
|
|
|
|
|
|
|
|
- 3720 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
