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PARRIS N. GLENDENING, Governor
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H.B. 1053
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(1) Each DNA sample required to be collected under this section from
persons who are incarcerated as of October 1, [1999] 2002, or are sentenced to a term
of incarceration after that date shall be collected at the place of incarceration; and
(2) DNA samples from persons who are not sentenced to a term of
confinement shall be collected at a facility specified by the Director,
(j) DNA samples to be submitted for analysis shall be collected by a:
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(1)
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Correctional health nurse technician;
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(2)
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Physician;
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(3)
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Registered nurse;
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(4)
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Licensed practical nurse;
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(5)
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Laboratory technician; or
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(6)
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Phlebotomist.
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(k) (1)
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The Secretary, after consultation with the Director, shall adopt
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regulations governing the procedures to be used for:
(i) Collection, submission, identification, analysis, storage, and
disposal of DNA samples; and
(ii) Access to and dissemination of typing results and personal
identification information of samples that are submitted under this section.
(2) (i) DNA samples shall be securely stored in the statewide DNA
repository.
(ii) Typing results shall be securely stored in the statewide DNA
data base system.
(3) (i) Any procedure adopted by the Director shall include quality
assurance guidelines to ensure that DNA identification records meet standards and
audit requirements for laboratories that submit DNA records for inclusion in the
statewide DNA data base system and CODIS.
(ii) The Crime Laboratory and each analyst performing DNA
analyses at the Crime Laboratory shall undergo, at regular intervals not exceeding
180 183 days, external proficiency testing, including at least one external blind test,
by a DNA proficiency testing program that meets the standards issued:
1. Under § 1003 of the federal DNA Identification Act of
1994; or
2. Under the guidelines for a quality assurance program for
DNA analysis (known as the "TWGDAM" guidelines).
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- 5313 -
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