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PARRIS N. GLENDENING, Governor
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H.B. 1053
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(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 the expungement criteria specified in § 10-105 or §
10-106 of the Criminal Procedure Article.
(2) Expungement proceedings shall be conducted in accordance with §
10-105 or § 10-106 of the Criminal Procedure Article.
(3) Upon receipt of an order of expungement, the Director shall purge
any DNA record, DNA sample, or other identifiable information covered by the order
from the statewide DNA data base system and the statewide DNA repository.
(p) (1) A person who, by virtue of employment or official position, has
possession of or access to individually identifiable DNA information contained in the
statewide DNA data base system or statewide DNA repository and who willfully
discloses that information in any manner to any person or agency not entitled to
receive that information is guilty of a misdemeanor and on conviction is subject to a
fine not exceeding $1,000 or imprisonment not exceeding 3 years or both.
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- 5315 -
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