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H.B. 1053
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VETOES
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(2) A person who, without authorization, willfully obtains individually
identifiable DNA information from the statewide DNA data base system or repository
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.
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland
read as follows:
Article 41 - Governor - Executive and Administrative Departments
SUBTITLE 3. DNA TECHNOLOGY FUND.
4-301.
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) "DNA" MEANS DEOXYRIBONUCLEIC ACID.
(3) "DNA TECHNOLOGY EQUIPMENT" MEANS ANY EQUIPMENT USED FOR
DNA TESTING PURPOSES INCLUDING THOSE PURPOSES LISTED UNDER ARTICLE 88B,
§ 12A(G)(1) OF THE CODE.
(4) "EXECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF THE
GOVERNOR'S OFFICE OF CRIME CONTROL AND PREVENTION.
(5) "FUND" MEANS THE DNA TECHNOLOGY FUND ESTABLISHED UNDER
THIS SECTION.
(6) "LOCAL LAW ENFORCEMENT AGENCY" MEANS THE AGENCY OF ANY
COUNTY OR MUNICIPAL CORPORATION, INCLUDING BALTIMORE CITY, WITHIN THE
STATE THAT PERFORMS POLICE PROTECTION FUNCTIONS.
(B) A DNA TECHNOLOGY FUND IS ESTABLISHED TO ASSIST THE DEPARTMENT
OF STATE POLICE AND LOCAL LAW ENFORCEMENT AGENCIES IN ACQUIRING DNA
TECHNOLOGY EQUIPMENT NEEDED TO TEST DNA SAMPLES.
(C) (1) THE EXECUTIVE DIRECTOR SHALL ADMINISTER THE FUND IN
ACCORDANCE WITH THIS SECTION AND OTHER APPLICABLE LAW.
(2) THE FUND SHALL CONSIST OF MONEY:
(I) APPROPRIATED IN THE STATE BUDGET; OR AND
(II) RECEIVED FROM ANY PRIVATE ENTITY OR FEDERAL AGENCY
FOR THE PURPOSE OF COLLECTING AND TESTING DNA SAMPLES.
(3) PAYMENTS OUT OF THE FUND SHALL BE MADE TO THE
DEPARTMENT OF STATE POLICE AND A LOCAL LAW ENFORCEMENT AGENCY BY THE
STATE TREASURER AS AUTHORIZED BY THE EXECUTIVE DIRECTOR
(4) (I) THE FUND IS A CONTINUING, NONLAPSING FUND WHICH IS
NOT SUBJECT TO § 7-302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE.
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- 5316 -
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