|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
PARRIS N. GLENDENING, Governor Ch. 465
|
|
|
|
|
|
|
|
|
|
Article - Criminal Procedure
8-201.
(i) (1) The State shall preserve scientific identification evidence that:
(i) the State has reason to know contains DNA material; and
(ii) is secured in connection with an offense described in subsection
(b) of this section.
(2) The State shall preserve scientific identification evidence described
in paragraph (1) of this subsection for [:] THE PERIOD OF THE ORIGINAL SENTENCE
FOR THE OFFENSE FOR WHICH THE SCIENTIFIC IDENTIFICATION EVIDENCE WAS
SECURED THE TIME OF THE SENTENCE. INCLUDING ANY CONSECUTIVE SENTENCE
IMPOSED IN CONNECTION WITH THE OFFENSE.
[(i) a period of 3 years after the imposition of sentence; or
(ii) a period beyond 3 years that is required pursuant to an order
issued within 3 years after the imposition of sentence by the Court of Appeals or
Court of Special Appeals that is specific to a single offense and specific scientific
identification evidence relating to that 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.
SECTION 2. AND BE IT FURTHER ENACTED, That Article 88B, § 12A of the
Code, as enacted by Section 1 of this Act, shall be construed to apply retroactively and
shall be applied to and interpreted to affect any person convicted of a felony or a
violation of § 6-205 or 6-206 of the Criminal Law Article before the effective date of
this Act and incarcerated for a felony or a violation of § 6-205 or § 6-206 of the
Criminal Law Article on or after the effective date of this Act.
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 2003.
SECTION 3. AND BE IT FURTHER ENACTED, That, notwithstanding the
provisions of Article 1, § 23 of the Annotated Code of Maryland, the provisions of this
Act are not severable, and if any provision of this Act or the application thereof to any
person or circumstance is held invalid for any reason in a court of competent
jurisdiction, no other provision or application of this Act may be given effect.
SECTION 1. AND BE IT FURTHER ENACTED. That this Act is contingent on
the receipt by the Department of State Police of a binding written award of a grant
from any private entity or federal agency by September 1, 2002, of at least $4,500,000
to be used to implement the provisions of this Act during the period between October
1, 2002 and September 30, 2005. If the Department of State Police does not receive a
binding written award by September 1, 2002, as provided in this Section, this Act,
|
|
|
|
|
|
|
|
|
|
- 3723 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
