In this subtitle the following words have the meanings indicated. “Burglary” includes the crimes enumerated in §§ 6–202, 6–203, and 6–204 of the Criminal Law Article. “CODIS” means the Federal Bureau of Investigation’s “Combined DNA Index System” that allows the storage and exchange of DNA records submitted by federal, state, and local forensic DNA laboratories. “CODIS” includes the national DNA index administered and operated by the Federal Bureau of Investigation. “Crime Laboratory” means the Forensic Sciences Division of the Department. Except as provided in paragraph (2) of this subsection, “crime of violence” has the meaning stated in § 14–101 of the Criminal Law Article. “Crime of violence” does not include mayhem. “Director” means the Director of the Crime Laboratory or the Director’s designee. “DNA” means deoxyribonucleic acid. “DNA record” means DNA information stored in CODIS or the statewide DNA database system. “DNA record” includes the information commonly referred to as a DNA profile. “DNA sample” means a body fluid or tissue sample that is: provided by an individual who is convicted of a felony or a violation of § 6–205 or § 6–206 of the Criminal Law Article; provided by an individual who is charged with: a crime of violence or an attempt to commit a crime of violence; or burglary or an attempt to commit burglary; or submitted to the statewide DNA database system for testing as part of a criminal investigation. “Statewide DNA database system” means the DNA record system administered by the Department for identification purposes. “Statewide DNA repository” means the State repository of DNA samples collected under this subtitle.

There is a statewide DNA database system in the Crime Laboratory. The statewide DNA database system is the central repository for all DNA testing information as provided in this subtitle. The Director shall: administer and manage the statewide DNA database system; consult with the Secretary on the adoption of appropriate regulations for protocols and operations of the statewide DNA database system; ensure compatibility with Federal Bureau of Investigation and CODIS requirements, including the use of comparable test procedures, quality assurance, laboratory equipment, and computer software; ensure the security and confidentiality of all records in the statewide DNA database system; and provide for a liaison with the Federal Bureau of Investigation and other criminal justice agencies related to the State’s participation in CODIS or in any DNA database designated by the Department. The Crime Laboratory shall: receive DNA samples for analysis, classification, storage, and disposal; file the DNA record of identification characteristic profiles of DNA samples submitted to the Crime Laboratory; and make information that relates to DNA samples and DNA records available to other agencies and individuals as authorized by this subtitle. The Director may contract with a qualified DNA laboratory to complete DNA typing analyses if the laboratory meets the guidelines established by the Director. Subject to § 2–511 of this subtitle, records of testing shall be permanently retained on file at the Crime Laboratory.

After consulting with the Director, the Secretary shall adopt appropriate regulations: for protocols and operations of the statewide DNA database system; to govern the methods used to obtain information from the statewide DNA database system and CODIS, including procedures to verify the identity and authority of the individual or agency that requests the information; and to govern the procedures used: to collect, submit, identify, analyze, store, and dispose of DNA samples; and to allow access to and dissemination of typing results and personal identification information of DNA samples that are submitted under this subtitle. Each procedure adopted by the Director shall include quality assurance guidelines to ensure that DNA records meet standards and audit requirements for laboratories that submit DNA records for inclusion in the statewide DNA database system and CODIS.

In accordance with regulations adopted under this subtitle, an individual who is convicted of a felony or a violation of § 6–205 or § 6–206 of the Criminal Law Article shall: have a DNA sample collected either at the time of sentence or on intake to a correctional facility, if the individual is sentenced to a term of imprisonment; or provide a DNA sample as a condition of sentence or probation, if the individual is not sentenced to a term of imprisonment. An individual who was convicted of a felony or a violation of § 6–205 or § 6–206 of the Criminal Law Article on or before October 1, 2003 and who remains confined in a correctional facility on or after October 1, 1999, shall submit a DNA sample to the Department. In accordance with regulations adopted under this subtitle, a DNA sample shall be collected from an individual who is charged with: a crime of violence or an attempt to commit a crime of violence; or burglary or an attempt to commit burglary. At the time of collection of the DNA sample under this paragraph, the individual from whom a sample is collected shall be given notice that the DNA record may be expunged and the DNA sample destroyed in accordance with § 2–511 of this subtitle. DNA evidence collected from a crime scene or collected as evidence of sexual assault at a hospital that a law enforcement investigator considers relevant to the identification or exoneration of a suspect shall be tested as soon as reasonably possible following collection of the sample. An individual required to register as a sex offender under § 11–704 of the Criminal Procedure Article shall have a DNA sample collected by the supervising authority where the individual is initially required to register. In accordance with regulations adopted under this subtitle, each DNA sample required to be collected under this section shall be collected: by an individual who is: designated by the Director; and trained in the collection procedures that the Crime Laboratory uses; and at the time the individual is charged, by an employee of a booking facility or the arresting agency; after a conviction of a qualifying crime under subsection (a)(1) of this section: by an employee of a correctional facility at the time of intake at the correctional facility where the individual is confined, if the individual is confined in a correctional facility on or after October 1, 2003, or is sentenced to a term of imprisonment on or after October 1, 2003; at a facility specified by the Director, if the individual is on probation or is not sentenced to a term of imprisonment; or at a suitable location in a circuit court following the imposition of sentence; or at the time of registration as a sex offender under § 11–704 of the Criminal Procedure Article, by the supervising authority where the individual is initially required to register, if applicable. Before releasing an individual from custody, the custodial agency or correctional facility shall ensure that the individual’s DNA sample has been collected in accordance with this section. In this subsection, “police officer” has the meaning stated in § 3–301 of this article. A DNA sample collected from an individual charged with a crime under subsection (a)(3) of this section may only be tested or placed in the statewide DNA database system: if: a determination is made by a judge or commissioner of the District Court or a judge of the circuit court, based on an application for a statement of charges filed by a police officer or a State’s Attorney, that probable cause exists for a qualifying crime in accordance with the Maryland Rules; the individual has been arrested for a qualifying crime in accordance with an arrest warrant based on an application for a statement of charges filed by a police officer or a State’s Attorney; an information is filed by a State’s Attorney for a qualifying crime in accordance with § 4–102 of the Criminal Procedure Article; or an indictment is returned by a grand jury charging the individual with a qualifying crime; or unless requested or consented to by the individual as provided in paragraph (4) of this subsection. If all qualifying criminal charges are determined to be unsupported by probable cause: the DNA sample shall be immediately destroyed; and notice shall be sent to the defendant and counsel of record for the defendant that the sample was destroyed. An individual may request or consent to have the individual’s DNA sample processed prior to a probable cause determination for the sole purpose of having the sample checked against a sample that: has been processed from the crime scene or the hospital; and is related to the charges against the individual. A second DNA sample shall be taken if needed to obtain sufficient DNA for the statewide DNA database system or if ordered by the court for good cause shown. Failure of an individual who is not sentenced to a term of imprisonment to provide a DNA sample within 90 days after notice by the Director is a violation of probation. An individual may not refuse to provide a DNA sample in accordance with this section. An individual who violates paragraph (1) of this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000. An employee who attempts to collect a DNA sample in accordance with this section, but is unable to collect the sample because the individual who is required to submit the sample refuses to do so, shall be deemed to have discharged the employee’s duty under this section. A refusal to submit a DNA sample as required under this section shall be referred to the State’s Attorney’s office for prosecution under subsection (g) of this section.

To the extent fiscal resources are available, DNA samples shall be collected and tested: to analyze and type the genetic markers contained in or derived from the DNA samples; as part of an official investigation into a crime; to help identify human remains; to help identify missing individuals; and for research and administrative purposes, including: development of a population database after personal identifying information is removed; support of identification research and protocol development of forensic DNA analysis methods; and quality control. Only DNA records that directly relate to the identification of individuals shall be collected and stored. DNA records may not be used for any purposes other than those specified in this subtitle.

Each DNA record of identification characteristics that results from DNA testing under this subtitle shall be stored and maintained only by the Crime Laboratory in the statewide DNA database system, except as necessary to participate in CODIS. Each DNA sample obtained under this subtitle shall be stored securely and maintained only by the Crime Laboratory in the statewide DNA repository. Typing results shall be stored securely in the statewide DNA database system. A person may not perform a search of the statewide DNA database for the purpose of identification of an offender in connection with a crime for which the offender may be a biological relative of the individual from whom the DNA sample was acquired.

At regular intervals not exceeding 180 days, the Crime Laboratory and each analyst who performs DNA analyses at the Crime Laboratory shall undergo external proficiency testing, including at least one external blind test, by a DNA proficiency testing program that meets the standards issued under: § 1003 of the federal DNA Identification Act of 1994 (42 U.S.C. § 14131); or the guidelines for a quality assurance program for DNA analysis, known as the “TWGDAM” guidelines.

On written or electronic request after verification by the Director that a match has been made in the population database, the typing results and personal identification information of the DNA profile of an individual in the statewide DNA database system may be made available to: federal, State, or local law enforcement agencies; crime laboratories that have been approved by the Director and that serve federal, State, and local law enforcement agencies; a State’s Attorney’s office or other prosecutorial office; and a person participating in a judicial proceeding in which the database information may be offered as evidence. A request for DNA information under paragraph (1) of this subsection must be in furtherance of a purpose set forth in § 2–505 of this subtitle. The typing results and personal identification information of the DNA profile of an individual in the statewide DNA database system shall be made available to a defendant or defendant’s counsel on written order of the court in which the case is pending. A search of the database to determine the existence of a match to DNA obtained from crime scene evidence taken in relation to the crime for which a defendant is charged shall be conducted if: the defendant requests the search; and a court issues a written order for the search. This subtitle does not limit a court from ordering discovery of a DNA record or other related material in a criminal case. The Director shall maintain a file of all orders issued under this subsection.

The Director shall create a population database composed of DNA samples collected under this subtitle. All personal identifiers shall be removed before information is entered into the population database. Nothing shall prohibit the sharing or disseminating of population database information with: federal, State, or local law enforcement agencies; crime laboratories that have been approved by the Director and that serve federal, State, and local law enforcement agencies; a State’s Attorney’s office; or a third party that the Director considers necessary to assist the Crime Laboratory with statistical analyses of the population database. The population database may be made available to and searched by any agency that participates in CODIS.

A match obtained between an evidence sample and a database entry may be used only as probable cause and is not admissible at trial unless confirmed by additional testing.

Except as provided in paragraph (3) of this subsection, an individual’s DNA samples and records that are collected in accordance with § 2–504(a)(3) of this subtitle shall be destroyed and expunged automatically from the statewide DNA database system if: a criminal action begun against the individual relating to the crime does not result in a conviction of the individual; the conviction is finally reversed or vacated and no new trial is permitted; or the individual is granted an unconditional pardon. Except as provided in paragraph (3) of this subsection, a DNA sample collected, but not tested, from an individual charged with a crime under § 2–504(a)(3) of this subtitle shall be destroyed and expunged if: at least 2 years have passed from the date of collection of the DNA sample; and the DNA sample failed to meet the requirements for testing. A DNA sample or DNA record may not be destroyed or expunged automatically from the statewide DNA database system if: the criminal action is put on the stet docket; the individual receives probation before judgment; or the trial for a qualifying charge under § 2–504(a)(3) of this subtitle remains pending for any reason. If the DNA sample or DNA record was obtained or generated only in connection with a case in which eligibility for expungement has been established, the DNA sample shall be destroyed and the DNA record shall be expunged. Any DNA record expunged in accordance with this section shall be expunged from every database into which it has been entered, including local, State, and federal databases. An expungement or destruction of sample under this section shall occur within 60 days of an event listed in subsection (a) of this section. Written notice documenting expungement of the DNA record and destruction of the DNA sample shall, in accordance with regulations adopted by the Director, be sent by the Director to the defendant and the defendant’s attorney at the address specified by the court in the order of expungement. A record or sample that qualifies for expungement or destruction under this section and is matched concurrent with or subsequent to the date of qualification for expungement: may not be utilized for a determination of probable cause regardless of whether it is expunged or destroyed timely; and is not admissible in any proceeding for any purpose. The Director shall adopt regulations to comply with this section.

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 database system or statewide DNA repository may not willfully disclose the information in any manner to a person or agency not entitled to receive the information. A person may not, without authorization, willfully obtain individually identifiable DNA information from the statewide DNA database system or statewide DNA repository. A person may not willfully test a DNA sample for information that does not relate to the identification of individuals as specified in this subtitle. A person may not willfully fail to destroy a DNA sample for which, under this subtitle: notification has been sent stating that the DNA sample has been destroyed; or destruction has been ordered. A person who violates subsection (a), (b), or (c) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both. A person who violates subsection (d) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000.

On or before April 1, 2010, and on or before April 1 annually thereafter, the Department shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly, on the status of the statewide DNA database system as specified in subsection (b) of this section. On or before January 31, 2010, and on or before January 31 annually thereafter, local law enforcement agencies shall report to the Department for the preceding calendar year with the information necessary for the Department to comply with the requirements of subsection (b) of this section. The annual report shall be posted on the Department website on or before April 1 of each year. The annual report shall include, for the preceding calendar year: total expenses incurred for the operation and management of the DNA database and DNA testing program, specifying the actual and human resource costs of DNA collection and transport, DNA analyses, database operation and oversight, and State laboratory personnel and maintenance; total funding provided by the State to each forensic crime laboratory in the preceding year; a statistical analysis of the racial demographics of individuals who have been charged with a crime of violence or burglary, or attempt to commit a crime of violence or burglary, as defined in § 2–501 of this subtitle; the number of DNA samples collected from individuals charged with a crime of violence or burglary, or attempt to commit a crime of violence or burglary, as defined in § 2–501 of this subtitle; the sufficiency of protocols and procedures adopted to prevent the unlawful testing of DNA and ensure the expungement of DNA as required under this subtitle; and a detailed analysis of the investigations aided by DNA profiles that includes: the number of matches; the number of matches that resulted in investigation of the person identified; the number of matches that resulted in formal charges; the number of matches that resulted in convictions; the number of matches that resulted in exonerations; the number of matches that resulted in convictions for persons not already incarcerated; and the prior offenses for which a person has been convicted where a match occurred.

On or before April 1, 2010, and on or before April 1 of every even–numbered year thereafter, each local law enforcement unit shall report to the Governor’s Office of Crime Prevention and Policy on the status of crime scene DNA collection and analysis in its respective jurisdiction for the preceding calendar year, and the Department shall report to the Governor’s Office of Crime Prevention and Policy on the status of crime scene DNA collection statewide for the preceding calendar year, including: the crimes for which crime scene DNA evidence is routinely collected; the approximate number of crime scene DNA evidence samples collected during the preceding year for each category of crime; the average time between crime scene DNA evidence collection and analysis; the number of crime scene DNA evidence samples collected and not analyzed at the time of the study; the number of crime scene DNA evidence samples submitted to the statewide DNA database during the preceding year; and the number of crime scene DNA evidence samples, including sexual assault evidence, collected by hospitals in the county during the preceding year. The Governor’s Office of Crime Prevention and Policy shall compile the information reported by the local law enforcement units and the Department under subsection (a) of this section and submit an annual summary report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.