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PARRIS N. GLENDENING, Governor H.B. 1089
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years 2004 and 2005 from the State, the federal government, or any private person to
carry out the required sampling and testing. The Department of State Police, in fiscal
years 2004 and 2005, shall obtain and test DNA samples from individuals convicted of
child abuse involving sexual abuse under § 3-601 of the Criminal Law Article, rape in
any degree, sexual offense in the first, second, or third degree, murder, robbery under
§ 3-402 or § 3-403 of the Criminal Law Article, first degree assault, and attempts to
commit these offenses.
SECTION 7. AND BE IT FURTHER ENACTED, That 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, the invalidity does not affect other
provisions or any other application of this Act which can be given effect without the
invalid provision or application, and for this purpose the provisions of this Act are
declared severable.
SECTION 3. 8. AND BE IT FURTHER ENACTED, That, subject to Section 4
of this Act, this Act shall take effect October 1. 2002.
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 4. 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 $1,500,000
to be used to implement the provisions of this Act during the period between October 1,
2002 and September 30, 2003. If the Department of State Police does not receive a
binding written award by September 1, 2002 as provided in this Section, this Act, with
no further action required by the General Assembly, shall be null and void and of no
force and effect. If the Department of State Police receives a binding written award by
September 1, 2002, the Department shall forward a copy of the written award within 5
days of receipt to the Department of Legislative Services, 90 State Circle, Annapolis,
Maryland 21401.
SECTION 5. AND BE IT FURTHER ENACTED, That, subject to Section 4 of
this Act, this Act shall take effect October 1, 2002. It shall remain effective for a period
of 1 year and, at the end of September 30, 2003, with no further action required by the
General Assembly, this Act shall be abrogated and of no further force and effect.
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May 16, 2002
The Honorable Casper R. Taylor, Jr.
Speaker of the House
State House
Annapolis MD 21401
Dear Mr. Speaker:
In accordance with Article II, Section 17 of the Maryland Constitution, I have today
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- 5319 -
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