EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0259*
HOUSE BILL 259
F1 5lr0096
(PRE–FILED) CF SB 202
By: Chair, Judiciary Committee (By Request – Departmental – State Police)
Requested: September 28, 2024
Introduced and read first time: January 8, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Public Safety – Statewide DNA Database System, DNA Collection, and Penalties 2
– Alterations 3
FOR the purpose of requiring a certain DNA sample to be collected in a certain manner 4
from an individual who is required to register as a sex offender; requiring a DNA 5
sample to be collected by a certain individual or at a certain location under certain 6
circumstances; requiring a custodial agency or correctional facility to ensure a DNA 7
sample is collected in a certain manner; prohibiting a DNA sample from being tested 8
and placed in a certain statewide DNA database system until certain conditions are 9
met; prohibiting an individual from refusing to provide a DNA sample as required 10
for collection in the database system; requiring certain DNA samples or DNA records 11
to be destroyed and expunged under certain circumstances; and generally relating 12
to the statewide DNA database system and the collection of DNA samples. 13
BY repealing and reenacting, without amendments, 14
Article – Public Safety 15
Section 2–501 16
Annotated Code of Maryland 17
(2022 Replacement Volume and 2024 Supplement) 18
BY repealing and reenacting, with amendments, 19
Article – Public Safety 20
Section 2–504 and 2–511 21
Annotated Code of Maryland 22
(2022 Replacement Volume and 2024 Supplement) 23
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24
That the Laws of Maryland read as follows: 25
Article – Public Safety 26 2 HOUSE BILL 259
2–501. 1
(a) In this subtitle the following words have the meanings indicated. 2
(b) “Burglary” includes the crimes enumerated in §§ 6–202, 6–203, and 6–204 of 3
the Criminal Law Article. 4
(c) (1) “CODIS” means the Federal Bureau of Investigation’s “Combined DNA 5
Index System” that allows the storage and exchange of DNA records submitted by federal, 6
state, and local forensic DNA laboratories. 7
(2) “CODIS” includes the national DNA index administered and operated 8
by the Federal Bureau of Investigation. 9
(d) “Crime Laboratory” means the Forensic Sciences Division of the Department. 10
(e) (1) Except as provided in paragraph (2) of this subsection, “crime of 11
violence” has the meaning stated in § 14–101 of the Criminal Law Article. 12
(2) “Crime of violence” does not include mayhem. 13
(f) “Director” means the Director of the Crime Laboratory or the Director’s 14
designee. 15
(g) “DNA” means deoxyribonucleic acid. 16
(h) (1) “DNA record” means DNA information stored in CODIS or the 17
statewide DNA database system. 18
(2) “DNA record” includes the information commonly referred to as a DNA 19
profile. 20
(i) “DNA sample” means a body fluid or tissue sample that is: 21
(1) provided by an individual who is convicted of a felony or a violation of § 22
6–205 or § 6–206 of the Criminal Law Article; 23
(2) provided by an individual who is charged with: 24
(i) a crime of violence or an attempt to commit a crime of violence; 25
or 26
(ii) burglary or an attempt to commit burglary; or 27
(3) submitted to the statewide DNA database system for testing as part of 28
a criminal investigation. 29 HOUSE BILL 259 3
(j) “Statewide DNA database system” means the DNA record system 1
administered by the Department for identification purposes. 2
(k) “Statewide DNA repository” means the State repository of DNA samples 3
collected under this subtitle. 4
2–504. 5
(a) (1) In accordance with regulations adopted under this subtitle, an 6
individual who is convicted of a felony or a violation of § 6–205 or § 6–206 of the Criminal 7
Law Article shall: 8
(i) have a DNA sample collected either at the time of sentence or on 9
intake to a correctional facility, if the individual is sentenced to a term of imprisonment; or 10
(ii) provide a DNA sample as a condition of sentence or probation, if 11
the individual is not sentenced to a term of imprisonment. 12
(2) An individual who was convicted of a felony or a violation of § 6–205 or 13
§ 6–206 of the Criminal Law Article on or before October 1, 2003 and who remains confined 14
in a correctional facility on or after October 1, 1999, shall submit a DNA sample to the 15
Department. 16
(3) (i) In accordance with regulations adopted under this subtitle, a 17
DNA sample shall be collected from an individual who is charged with: 18
1. a crime of violence or an attempt to commit a crime of 19
violence; or 20
2. burglary or an attempt to commit burglary. 21
(ii) At the time of collection of the DNA sample under this 22
paragraph, the individual from whom a sample is collected shall be given notice that the 23
DNA record may be expunged and the DNA sample destroyed in accordance with § 2–511 24
of this subtitle. 25
(iii) DNA evidence collected from a crime scene or collected as 26
evidence of sexual assault at a hospital that a law enforcement investigator considers 27
relevant to the identification or exoneration of a suspect shall be tested as soon as 28
reasonably possible following collection of the sample. 29
(4) AN INDIVIDUAL REQUIRE D TO REGISTER AS A S EX OFFENDER 30
UNDER § 11–704 OF THE CRIMINAL PROCEDURE ARTICLE SHALL HAVE A DNA 31
SAMPLE COLLECTED BY THE SUPERVISING AUTH ORITY WHERE THE INDI VIDUAL IS 32
INITIALLY REQUIRE D TO REGISTER. 33
4 HOUSE BILL 259
(b) In accordance with regulations adopted under this subtitle, each DNA sample 1
required to be collected under this section shall be collected: 2
(1) BY AN INDIVIDUAL WHO IS: 3
(I) DESIGNATED BY THE DIRECTOR; AND 4
(II) TRAINED IN THE COLLECTION PROCE DURES THAT THE 5
CRIME LABORATORY USES ; AND 6
(2) (I) at the time the individual is charged, [at a facility specified by 7
the Secretary] BY AN EMPLOYEE OF A BOOKING FACILITY OR THE ARRESTING 8
AGENCY; 9
(II) AFTER A CONVICTION O F A QUALIFYING CRIME UND ER 10
SUBSECTION (A)(1) OF THIS SECTION: 11
[(2)] 1. BY AN EMPLOYEE OF A CORRECTIONAL FACILIT Y AT 12
THE TIME OF INTAKE at the correctional facility where the individual is confined, if the 13
individual is confined in a correctional facility on or after October 1, 2003, or is sentenced 14
to a term of imprisonment on or after October 1, 2003; 15
[(3)] 2. at a facility specified by the Director, if the individual is 16
on probation or is not sentenced to a term of imprisonment; or 17
[(4)] 3. at a suitable location in a circuit court following the 18
imposition of sentence; OR 19
(III) AT THE TIME OF REGIS TRATION AS A SEX OFF ENDER UNDER 20
§ 11–704 OF THE CRIMINAL PROCEDURE ARTICLE, BY THE SUPERVISING 21
AUTHORITY WHERE THE INDIVIDUAL IS INITIA LLY REQUIRE D TO REGISTER , IF 22
APPLICABLE. 23
[(c) A DNA sample shall be collected by an individual who is: 24
(1) designated by the Director; and 25
(2) trained in the collection procedures that the Crime Laboratory uses.] 26
(C) BEFORE RELEASING AN I NDIVIDUAL FROM CUST ODY, THE CUSTODIAL 27
AGENCY OR CORRECTION AL FACILITY SHALL EN SURE THAT THE INDIVI DUAL’S DNA 28
SAMPLE HAS BEEN COLL ECTED IN ACCORDANCE WITH THIS SECTION . 29
(d) (1) A DNA sample collected from an individual charged with a crime under 30
subsection (a)(3) of this section may not be tested or placed in the statewide DNA database 31 HOUSE BILL 259 5
system [prior to the first scheduled arraignment date]: 1
(I) UNTIL: 2
1. A DETERMINATION IS M ADE THAT PROBABLE CA USE 3
EXISTS FOR A QUALIFY ING CRIME IN ACCORDA NCE WITH THE MARYLAND RULES; 4
2. THE INDIVIDUAL HAS B EEN ARRESTED FOR A 5
QUALIFYING CHARGE IN ACCORDANCE WITH AN A RREST WARRANT ; 6
3. AN INFORMATION IS FI LED BY A STATE’S ATTORNEY 7
FOR A QUALIFYING CRI ME IN ACCORDANCE WIT H § 4–102 OF THE CRIMINAL 8
PROCEDURE ARTICLE; OR 9
4. AN INDICTMENT IS RETU RNED BY A GRAND JURY 10
CHARGING THE INDIVID UAL WITH A QUALIFYIN G CRIME; OR 11
(II) unless requested or consented to by the individual as provided in 12
paragraph (3) of this subsection. 13
(2) If all qualifying criminal charges are determined to be unsupported by 14
probable cause: 15
(i) the DNA sample shall be immediately destroyed; and 16
(ii) notice shall be sent to the defendant and counsel of record for the 17
defendant that the sample was destroyed. 18
(3) An individual may request or consent to have the individual’s DNA 19
sample processed prior to [arraignment] A PROBABLE CAUSE DET ERMINATION for the 20
sole purpose of having the sample checked against a sample that: 21
(i) has been processed from the crime scene or the hospital; and 22
(ii) is related to the charges against the individual. 23
(e) A second DNA sample shall be taken if needed to obtain sufficient DNA for 24
the statewide DNA database system or if ordered by the court for good cause shown. 25
(f) Failure of an individual who is not sentenced to a term of imprisonment to 26
provide a DNA sample within 90 days after notice by the Director is a violation of probation. 27
(G) (1) AN INDIVIDUAL MAY NOT REFUSE TO PROVIDE A DNA SAMPLE IN 28
ACCORDANCE WITH THIS SECTION. 29
6 HOUSE BILL 259
(2) AN INDIVIDUAL WHO VI OLATES PARAGRAPH (1) OF THIS 1
SUBSECTION IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUB JECT TO A 2
FINE NOT EXCEEDING $10,000. 3
(H) (1) AN EMPLOYEE WHO ATTEM PTS TO COLLECT A DNA SAMPLE IN 4
ACCORDANCE WITH THIS SECTION, BUT IS UNABLE TO COL LECT THE SAMPLE 5
BECAUSE THE INDIVIDU AL WHO IS REQUIRED T O SUBMIT THE SAMPLE REFUSES TO 6
DO SO, SHALL BE DEEMED TO H AVE DISCHARGED THE E MPLOYEE’S DUTY UNDER 7
THIS SECTION. 8
(2) A REFUSAL TO SUBMIT A DNA SAMPLE AS REQUIRED U NDER THIS 9
SECTION SHALL BE REF ERRED TO THE STATE’S ATTORNEY’S OFFICE FOR 10
PROSECUTION UNDER SU BSECTION (G) OF THIS SECTION. 11
2–511. 12
(a) (1) Except as provided in paragraph [(2)] (3) of this subsection, [any] AN 13
INDIVIDUAL’S DNA samples and records [generated as part of a criminal investigation or 14
prosecution] THAT ARE COLLECTED I N ACCORDANCE WITH § 2–504(A)(3) OF THIS 15
SUBTITLE shall be destroyed [or] AND expunged automatically from the [State] 16
STATEWIDE DNA database SYSTEM if: 17
(i) a criminal action begun against the individual relating to the 18
crime does not result in a conviction of the individual; 19
(ii) the conviction is finally reversed or vacated and no new trial is 20
permitted; or 21
(iii) the individual is granted an unconditional pardon. 22
(2) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION, A 23
DNA SAMPLE COLLECTED , BUT NOT TESTED , FROM AN INDIVIDUAL C HARGED WITH 24
A CRIME UNDER § 2–504(A)(3) OF THIS SUBTITLE SHA LL BE DESTROYED AND 25
EXPUNGED IF: 26
(I) AT LEAST 2 YEARS HAVE PASSED FR OM THE DATE OF 27
COLLECTION OF THE DNA SAMPLE; AND 28
(II) THE DNA SAMPLE FAILED TO MEE T THE REQUIREMENTS 29
FOR TESTING. 30
[(2)] (3) A DNA sample or DNA record may not be destroyed or expunged 31
automatically from the [State] STATEWIDE DNA database SYSTEM if: 32
HOUSE BILL 259 7
(I) the criminal action is put on the stet docket [or]; 1
(II) the individual receives probation before judgment; OR 2
(III) THE TRIAL FOR A QUAL IFYING CHARGE UNDER § 3
2–504(A)(3) OF THIS SUBTITLE REM AINS PENDING FOR ANY REASON. 4
(b) If the DNA sample or DNA record was obtained or generated only in 5
connection with a case in which eligibility for expungement has been established, the DNA 6
sample shall be destroyed and the DNA record shall be expunged. 7
(c) Any DNA record expunged in accordance with this section shall be expunged 8
from every database into which it has been entered, including local, State, and federal 9
databases. 10
(d) An expungement or destruction of sample under this section shall occur within 11
60 days of an event listed in subsection (a) of this section. 12
(e) [A letter] WRITTEN NOTICE documenting expungement of the DNA record 13
and destruction of the DNA sample shall, IN ACCORDANCE WITH R EGULATIONS 14
ADOPTED BY THE DIRECTOR, be sent by the Director to the defendant and the 15
defendant’s attorney at the address specified by the court in the order of expungement. 16
(f) A record or sample that qualifies for expungement or destruction under this 17
section and is matched concurrent with or subsequent to the date of qualification for 18
expungement: 19
(1) may not be utilized for a determination of probable cause regardless of 20
whether it is expunged or destroyed timely; and 21
(2) is not admissible in any proceeding for any purpose. 22
(g) The Director shall adopt [procedures] REGULATIONS to comply with this 23
section. 24
SECTION 2. AND BE IT FURTHER ENACTED, That: 25
(a) (1) In this section the following words have the meanings indicated. 26
(2) “DNA sample” has the meaning stated in § 2–501 of the Public Safety 27
Article. 28
(3) “Statewide DNA database system” has the meaning stated in § 2–501 29
of the Public Safety Article. 30
(b) For any DNA sample collected in accordance with § 2–504(a)(3) of the Public 31 8 HOUSE BILL 259
Safety Article before the effective date of this Act, the Forensic Sciences Division in the 1
Department of State Police shall, on or before October 1, 2028, destroy and expunge the 2
record of any DNA sample that has not been tested or placed in the statewide DNA 3
database system on or before November 1, 2027, because the DNA sample failed to meet 4
the requirements of Title 2, Subtitle 5 of the Public Safety Article, as that subtitle existed 5
before the effective date of this Act. 6
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
October 1, 2025. 8