EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0967*
SENATE BILL 967
E4, E2 3lr3003
By: Senator Muse
Introduced and read first time: February 28, 2023
Assigned to: Rules
A BILL ENTITLED
AN ACT concerning 1
Public Safety – Statewide DNA Database System , DNA Collection, and Penalties 2
– Alterations 3
FOR the purpose of altering the circumstances in which a certain DNA sample must be 4
collected from an individual charged with or convicted of certain offenses for storage 5
in the statewide DNA database system within the Department of State Police; 6
providing that a DNA sample collected from an individual charged with certain 7
offenses may not be placed in the database system until after a certain time; 8
prohibiting an individual from refusing to provide a DNA sample as required for 9
collection in the database system; and generally relating to the statewide DNA 10
database system and the collection of DNA samples. 11
BY repealing and reenacting, with amendments, 12
Article – Public Safety 13
Section 2–504 14
Annotated Code of Maryland 15
(2022 Replacement Volume) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Public Safety 19
2–504. 20
(a) (1) In accordance with regulations adopted under this subtitle, an 21
individual who is convicted of a felony or a violation of § 6–205 or § 6–206 of the Criminal 22
Law Article shall: 23
(i) have a DNA sample collected either at the time of sentence or on 24
intake to a correctional facility, if the individual is sentenced to a term of imprisonment; or 25 2 SENATE BILL 967
(ii) provide a DNA sample as a condition of sentence or probation, if 1
the individual is not sentenced to a term of imprisonment. 2
(2) [An individual who was convicted of a felony or a violation of § 6–205 3
or § 6–206 of the Criminal Law Article on or before October 1, 2003 and who remains 4
confined in a correctional facility on or after October 1, 1999, shall submit a DNA sample 5
to the Department. 6
(3)] (i) In accordance with regulations adopted under this subtitle, a 7
DNA sample shall be collected from an individual who is charged with: 8
1. a crime of violence or an attempt to commit a crime of 9
violence; or 10
2. burglary or an attempt to commit burglary. 11
(ii) At the time of collection of the DNA sample under this 12
paragraph, the individual from whom a sample is collected shall be given notice that the 13
DNA record may be expunged and the DNA sample destroyed in accordance with § 2–511 14
of this subtitle. 15
(iii) DNA evidence collected from a crime scene or collected as 16
evidence of sexual assault at a hospital that a law enforcement investigator considers 17
relevant to the identification or exoneration of a suspect shall be tested as soon as 18
reasonably possible following collection of the sample. 19
(b) (1) [In] SUBJECT TO SUBSECTION (C) OF THIS SECTION AND IN 20
accordance with regulations adopted under this subtitle, FOR EACH INDIVIDUAL 21
CHARGED WITH AN OFFE NSE UNDER SUBSECTION (A)(2) OF THIS SECTION, each DNA 22
sample required to be collected under this section shall be collected: 23
[(1) at the time the individual is charged, at a facility specified by the 24
Secretary; 25
(2) at the correctional facility where the individual is confined, if the 26
individual is confined in a correctional facility on or after October 1, 2003, or is sentenced 27
to a term of imprisonment on or after October 1, 2003; 28
(3) at a facility specified by the Director, if the individual is on probation 29
or is not sentenced to a term of imprisonment; or 30
(4) at a suitable location in a circuit court following the imposition of 31
sentence.] 32
SENATE BILL 967 3
(I) FOR AN INDIVIDUAL WHO IS RELEASED AFTER BOOKI NG, BY 1
A LAW ENFORCEMENT OF FICER OR AN EMPLOYEE OF THE DISTRICT COURT BEFORE 2
THE INDIVIDUAL IS RE LEASED; OR 3
(II) FOR AN INDIVIDUAL WH O IS DETAINED AFTER BOOKING, BY 4
AN EMPLOYEE OF A BOO KING FACILITY, DETENTION CENTER , OR CORRECTIONAL 5
FACILITY AT THE TIME OF INTAK E. 6
(2) SUBJECT TO SUBSECTION (C) OF THIS SECTION AND IN 7
ACCORDANCE WITH REGU LATIONS ADOPTED UNDE R THIS SUBTITLE, FOR EACH 8
INDIVIDUAL CONVICTED OF AN OFFENSE UNDER SUB SECTION (A)(1) OF THIS 9
SECTION, EACH DNA SAMPLE REQUIRED TO B E COLLECTED UNDER TH IS SECTION 10
SHALL BE COLLECTED : 11
(I) FOR AN INDIVIDUAL WHO IS SENTENCED TO 12
IMPRISONMENT , BY AN EMPLOYEE OF THE CORRECTIONAL FACILIT Y AT THE TIME 13
OF INTAKE TO THE CORRECTIONAL FAC ILITY WHERE THE INDI VIDUAL IS CONFINED ; 14
(II) FOR AN INDIVIDUAL WHO IS PLACED ON SUP ERVISED 15
PROBATION, BY A PROBATION OFFIC ER AT THE TIME THE I NDIVIDUAL INITIALLY 16
MEETS WITH THE P ROBATION OFFICER ; OR 17
(III) FOR AN INDIVIDUAL WHO IS PL ACED ON UNSUPERVISED 18
PROBATION OR WHOSE S ENTENCE REQUIRES THE INDIVIDUAL TO REGIST ER AS A 19
SEX OFFENDER UNDER § 11–704 OF THE CRIMINAL PROCEDURE ARTICLE, BY A 20
BAILIFF AT THE TIME OF SENTENCING AND AT A SUITABLE LOCATI ON IN THE 21
DISTRICT COURT OR CIRCUIT COUR T. 22
(3) BEFORE RELEASING AN I NDIVIDUAL FROM CUSTO DY, THE 23
RELEASING ENTITY SHALL ENSURE THAT TH E INDIVIDUAL’S DNA SAMPLE HAS 24
BEEN COLLECTED IN AC CORDANCE WITH THIS S ECTION. 25
(c) A DNA sample shall be collected by an individual who is: 26
(1) designated by the Director; and 27
(2) trained in the collection procedures that the Crime Laboratory uses. 28
(d) (1) A DNA sample collected from an individual charged with a crime under 29
subsection [(a)(3)] (A)(2) of this section may not be tested or placed in the statewide DNA 30
database system [prior to the first scheduled arraignment date unless] UNTIL: 31
4 SENATE BILL 967
(I) A DISTRICT COURT COMMISSIONER OR A JUDGE OF THE 1
DISTRICT COURT OR CIRCUIT COUR T HAS DETERMINED THAT THE CHARGE IS 2
SUPPORTED BY PROBABL E CAUSE; 3
(II) AN INDICTMENT IS RET URNED BY A GRAND JUR Y CHARGING 4
THE INDIVIDUAL WITH A CRIME SPECIFIED UNDER SUBSECTION (A)(2) OF THIS 5
SECTION; OR 6
(III) requested or consented to by the individual as provided in 7
paragraph (3) of this subsection. 8
(2) If all qualifying criminal charges are determined to be unsupported by 9
probable cause: 10
(i) the DNA sample shall be immediately destroyed; and 11
(ii) notice shall be sent to the defendant and counsel of record for the 12
defendant that the sample was destroyed. 13
(3) An individual may request or consent to have the individual’s DNA 14
sample processed prior to arraignment for the sole purpose of having the sample checked 15
against a sample that: 16
(i) has been processed from the crime scene or the hospital; and 17
(ii) is related to the charges against the individual. 18
(e) A second DNA sample shall be taken if needed to obtain sufficient DNA for 19
the statewide DNA database system or if ordered by the court for good cause shown. 20
(f) Failure of an individual [who is not sentenced to a term of imprisonment] to 21
provide a DNA sample within 90 days after [notice by the Director] BEING CONVICTED 22
AND SENTENCED TO PRO BATION is a violation of probation. 23
(G) (1) AN INDIVIDUAL MAY NOT REFUSE TO PR OVIDE A DNA SAMPLE IN 24
ACCORDANCE WITH THIS SECTION. 25
(2) AN INDIVIDUAL WHO VIOLATES THIS SU BSECTION IS GUILTY O F A 26
MISDEMEANOR AND ON C ONVICTION IS SUBJECT TO: 27
(I) FOR A FIRST OFFENSE , IMPRISONMENT NOT EXC EEDING 90 28
DAYS OR A FINE NOT EXCE EDING $1,000 OR BOTH; AND 29
(II) FOR A SECOND OR SUBS EQUENT OFFENSE , IMPRISONMENT 30
NOT EXCEEDING 1 YEAR OR A FINE NOT E XCEEDING $2,500 OR BOTH. 31 SENATE BILL 967 5
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October 1, 2023. 2