EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0259*
HOUSE BILL 259
F1 5lr0096
(PRE–FILED) CF SB 202
By: Chair, Judiciary Committee (By Request – Departmental – State Police) and
Delegate Conaway
Requested: September 28, 2024
Introduced and read first time: January 8, 2025
Assigned to: Judiciary
Committee Report: Favorable with amendments
House action: Adopted
Read second time: February 27, 2025
CHAPTER ______
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 2 HOUSE BILL 259
Annotated Code of Maryland 1
(2022 Replacement Volume and 2024 Supplement) 2
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
That the Laws of Maryland read as follows: 4
Article – Public Safety 5
2–501. 6
(a) In this subtitle the following words have the meanings indicated. 7
(b) “Burglary” includes the crimes enumerated in §§ 6–202, 6–203, and 6–204 of 8
the Criminal Law Article. 9
(c) (1) “CODIS” means the Federal Bureau of Investigation’s “Combined DNA 10
Index System” that allows the storage and exchange of DNA records submitted by federal, 11
state, and local forensic DNA laboratories. 12
(2) “CODIS” includes the national DNA index administered and operated 13
by the Federal Bureau of Investigation. 14
(d) “Crime Laboratory” means the Forensic Sciences Division of the Department. 15
(e) (1) Except as provided in paragraph (2) of this subsection, “crime of 16
violence” has the meaning stated in § 14–101 of the Criminal Law Article. 17
(2) “Crime of violence” does not include mayhem. 18
(f) “Director” means the Director of the Crime Laboratory or the Director’s 19
designee. 20
(g) “DNA” means deoxyribonucleic acid. 21
(h) (1) “DNA record” means DNA information stored in CODIS or the 22
statewide DNA database system. 23
(2) “DNA record” includes the information commonly referred to as a DNA 24
profile. 25
(i) “DNA sample” means a body fluid or tissue sample that is: 26
(1) provided by an individual who is convicted of a felony or a violation of § 27
6–205 or § 6–206 of the Criminal Law Article; 28
(2) provided by an individual who is charged with: 29
HOUSE BILL 259 3
(i) a crime of violence or an attempt to commit a crime of violence; 1
or 2
(ii) burglary or an attempt to commit burglary; or 3
(3) submitted to the statewide DNA database system for testing as part of 4
a criminal investigation. 5
(j) “Statewide DNA database system” means the DNA record system 6
administered by the Department for identification purposes. 7
(k) “Statewide DNA repository” means the State repository of DNA samples 8
collected under this subtitle. 9
2–504. 10
(a) (1) In accordance with regulations adopted under this subtitle, an 11
individual who is convicted of a felony or a violation of § 6–205 or § 6–206 of the Criminal 12
Law Article shall: 13
(i) have a DNA sample collected either at the time of sentence or on 14
intake to a correctional facility, if the individual is sentenced to a term of imprisonment; or 15
(ii) provide a DNA sample as a condition of sentence or probation, if 16
the individual is not sentenced to a term of imprisonment. 17
(2) An individual who was convicted of a felony or a violation of § 6–205 or 18
§ 6–206 of the Criminal Law Article on or before October 1, 2003 and who remains confined 19
in a correctional facility on or after October 1, 1999, shall submit a DNA sample to the 20
Department. 21
(3) (i) In accordance with regulations adopted under this subtitle, a 22
DNA sample shall be collected from an individual who is charged with: 23
1. a crime of violence or an attempt to commit a crime of 24
violence; or 25
2. burglary or an attempt to commit burglary. 26
(ii) At the time of collection of the DNA sample under this 27
paragraph, the individual from whom a sample is collected shall be given notice that the 28
DNA record may be expunged and the DNA sample destroyed in accordance with § 2–511 29
of this subtitle. 30
(iii) DNA evidence collected from a crime scene or collected as 31
evidence of sexual assault at a hospital that a law enforcement investigator considers 32 4 HOUSE BILL 259
relevant to the identification or exoneration of a suspect shall be tested as soon as 1
reasonably possible following collection of the sample. 2
(4) AN INDIVIDUAL REQUIRE D TO REGISTER AS A S EX OFFENDER 3
UNDER § 11–704 OF THE CRIMINAL PROCEDURE ARTICLE SHALL HAVE A DNA 4
SAMPLE COLLECTED BY THE SUPERVISING AUTH ORITY WHERE THE INDI VIDUAL IS 5
INITIALLY REQUIRED T O REGISTER. 6
(b) In accordance with regulations adopted under this subtitle, each DNA sample 7
required to be collected under this section shall be collected: 8
(1) BY AN INDIVIDUAL WHO IS: 9
(I) DESIGNATED BY THE DIRECTOR; AND 10
(II) TRAINED IN THE COLLE CTION PROCEDURES THA T THE 11
CRIME LABORATORY USES ; AND 12
(2) (I) at the time the individual is charged, [at a facility specified by 13
the Secretary] BY AN EMPLOYEE OF A BOOKING FACILITY OR THE ARRESTING 14
AGENCY; 15
(II) AFTER A CONVICTION O F A QUALIFYING CRIME UNDER 16
SUBSECTION (A)(1) OF THIS SECTION: 17
[(2)] 1. BY AN EMPLOYEE OF A CORRECTIONAL FACILIT Y AT 18
THE TIME OF INT AKE at the correctional facility where the individual is confined, if the 19
individual is confined in a correctional facility on or after October 1, 2003, or is sentenced 20
to a term of imprisonment on or after October 1, 2003; 21
[(3)] 2. at a facility specified by the Director, if the individual is 22
on probation or is not sentenced to a term of imprisonment; or 23
[(4)] 3. at a suitable location in a circuit court following the 24
imposition of sentence; OR 25
(III) AT THE TIME OF REGIS TRATION AS A SEX OFFENDE R UNDER 26
§ 11–704 OF THE CRIMINAL PROCEDURE ARTICLE, BY THE SUPERVISING 27
AUTHORITY WHERE THE INDIVIDUAL IS INITIA LLY REQUIRED TO REGI STER, IF 28
APPLICABLE. 29
[(c) A DNA sample shall be collected by an individual who is: 30
(1) designated by the Director; and 31
HOUSE BILL 259 5
(2) trained in the collection procedures that the Crime Laboratory uses.] 1
(C) BEFORE RELEASING AN I NDIVIDUAL FROM CUSTO DY, THE CUSTODIAL 2
AGENCY OR CORRECTION AL FACILITY SHALL EN SURE THAT THE INDIVI DUAL’S DNA 3
SAMPLE HAS BEEN COLL ECTED IN ACCORDANCE WITH THIS SECTION. 4
(d) (1) IN THIS SUBSECTION , “POLICE OFFICER ” HAS THE MEANING 5
STATED IN § 3–301 OF THIS ARTICLE. 6
(2) A DNA sample collected from an individual charged with a crime under 7
subsection (a)(3) of this section may not ONLY be tested or placed in the statewide DNA 8
database system [prior to the first scheduled arraignment date]: 9
(I) UNTIL IF: 10
1. A DETERMINATION IS M ADE BY A JUDGE OR 11
COMMISSIONER OF THE DISTRICT COURT OR A JUDGE OF T HE CIRCUIT COURT , 12
BASED ON AN APPLI CATION FOR A STATEME NT OF CHARGES FILED BY A POLICE 13
OFFICER OR A STATE’S ATTORNEY, THAT PROBABLE CAUSE EXISTS FOR A 14
QUALIFYING CRIME IN ACCORDANCE WITH THE MARYLAND RULES; 15
2. THE INDIVIDUAL HAS B EEN ARRESTED FOR A 16
QUALIFYING CHARGE CRIME IN ACCORDANCE WITH AN ARREST WARRA NT BASED ON 17
AN APPLICATION FOR A STATEMENT OF CHARGES FILED BY A POLICE OF FICER OR A 18
STATE’S ATTORNEY; 19
3. AN INFORMATION IS FI LED BY A STATE’S ATTORNEY 20
FOR A QUALIFYING CRI ME IN ACCORDANCE WIT H § 4–102 OF THE CRIMINAL 21
PROCEDURE ARTICLE; OR 22
4. AN INDICTMENT IS RET URNED BY A GRAND JUR Y 23
CHARGING THE INDIVID UAL WITH A QUALIFYIN G CRIME; OR 24
(II) unless requested or consented to by the individual as provided in 25
paragraph (3) (4) of this subsection. 26
(2) (3) If all qualifying criminal charges are determined to be 27
unsupported by probable cause: 28
(i) the DNA sample shall be immediately destroyed; and 29
(ii) notice shall be sent to the defendant and counsel of record for the 30
defendant that the sample was destroyed. 31
6 HOUSE BILL 259
(3) (4) An individual may request or consent to have the individual’s 1
DNA sample processed prior to [arraignment] A PROBABLE CAU SE DETERMINATION for 2
the sole purpose of having the sample checked against a sample that: 3
(i) has been processed from the crime scene or the hospital; and 4
(ii) is related to the charges against the individual. 5
(e) A second DNA sample shall be taken if needed to obtain sufficient DNA for 6
the statewide DNA database system or if ordered by the court for good cause shown. 7
(f) Failure of an individual who is not sentenced to a term of imprisonment to 8
provide a DNA sample within 90 days after notice by the Director is a violation of probation. 9
(G) (1) AN INDIVIDUAL MAY NOT REFUSE TO PROVIDE A DNA SAMPLE IN 10
ACCORDANCE WITH THIS SECTION. 11
(2) AN INDIVIDUAL WHO VIO LATES PARAGRAPH (1) OF THIS 12
SUBSECTION IS GUILTY OF A MISDEMEANOR AND ON CONVICTION I S SUBJECT TO A 13
FINE NOT EXCEEDING $10,000 $1,000. 14
(H) (1) AN EMPLOYEE WHO ATTEM PTS TO COLLECT A DNA SAMPLE IN 15
ACCORDANCE WITH THIS SECTION, BUT IS UNABLE TO COL LECT THE SAMPLE 16
BECAUSE THE INDIVIDU AL WHO IS REQUIRED T O SUBMIT THE SAMPLE REFUSES TO 17
DO SO, SHALL BE DEEMED TO H AVE DISCHARGED THE E MPLOYEE’S DUTY UNDER 18
THIS SECTION. 19
(2) A REFUSAL TO SUBMIT A DNA SAMPLE AS REQUIRED U NDER THIS 20
SECTION SHALL BE REF ERRED TO THE STATE’S ATTORNEY’S OFFICE FOR 21
PROSECUTION UNDER SU BSECTION (G) OF THIS SECTION. 22
2–511. 23
(a) (1) Except as provided in paragraph [(2)] (3) of this subsection, [any] AN 24
INDIVIDUAL’S DNA samples and records [generated as part of a criminal investigation or 25
prosecution] THAT ARE COLLECTED I N ACCORDANCE WITH § 2–504(A)(3) OF THIS 26
SUBTITLE shall be destroyed [or] AND expunged automatically from the [State] 27
STATEWIDE DNA database SYSTEM if: 28
(i) a criminal action begun against the individual relating to the 29
crime does not result in a conviction of the individual; 30
(ii) the conviction is finally reversed or vacated and no new trial is 31
permitted; or 32
HOUSE BILL 259 7
(iii) the individual is granted an unconditional pardon. 1
(2) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION , A 2
DNA SAMPLE COLLECTED , BUT NOT TESTED , FROM AN INDIVIDUAL C HARGED W ITH 3
A CRIME UNDER § 2–504(A)(3) OF THIS SUBTITLE SHA LL BE DESTROYED AND 4
EXPUNGED IF: 5
(I) AT LEAST 2 YEARS HAVE PASSED FR OM THE DATE OF 6
COLLECTION OF THE DNA SAMPLE; AND 7
(II) THE DNA SAMPLE FAILED TO MEE T THE REQUIREMENTS 8
FOR TESTING. 9
[(2)] (3) A DNA sample or DNA record may not be destroyed or expunged 10
automatically from the [State] STATEWIDE DNA database SYSTEM if: 11
(I) the criminal action is put on the stet docket [or]; 12
(II) the individual receives probation before judgment; OR 13
(III) THE TRIAL FOR A QUAL IFYING CHARGE UNDER § 14
2–504(A)(3) OF THIS SUBTITLE REM AINS PENDING FOR ANY REASON. 15
(b) If the DNA sample or DNA record was obtained or generated only in 16
connection with a case in which eligibility for expungement has been established, the DNA 17
sample shall be destroyed and the DNA record shall be expunged. 18
(c) Any DNA record expunged in accordance with this section shall be expunged 19
from every database into which it has been entered, including local, State, and federal 20
databases. 21
(d) An expungement or destruction of sample under this section shall occur within 22
60 days of an event listed in subsection (a) of this section. 23
(e) [A letter] WRITTEN NOTICE documenting expungement of the DNA record 24
and destruction of the DNA sample shall, IN ACCORDANCE WITH R EGULATIONS 25
ADOPTED BY THE DIRECTOR, be sent by the Director to the defendant and the 26
defendant’s attorney at the address specified by the court in the order of expungement. 27
(f) A record or sample that qualifies for expungement or destruction under this 28
section and is matched concurrent with or subsequent to the date of qualification for 29
expungement: 30
(1) may not be utilized for a determination of probable cause regardless of 31
whether it is expunged or destroyed timely; and 32
8 HOUSE BILL 259
(2) is not admissible in any proceeding for any purpose. 1
(g) The Director shall adopt [procedures] REGULATIONS to comply with this 2
section. 3
SECTION 2. AND BE IT FURTHER ENACTED, That: 4
(a) (1) In this section the following words have the meanings indicated. 5
(2) “DNA sample” has the meaning stated in § 2–501 of the Public Safety 6
Article. 7
(3) “Statewide DNA database system” has the meaning stated in § 2–501 8
of the Public Safety Article. 9
(b) For any DNA sample collected in accordance with § 2–504(a)(3) of the Public 10
Safety Article before the effective date of this Act, the Forensic Sciences Division in the 11
Department of State Police shall, on or before October 1, 2028, destroy and expunge the 12
record of any DNA sample that has not been tested or placed in the statewide DNA 13
database system on or before November 1, 2027, because the DNA sample failed to meet 14
the requirements of Title 2, Subtitle 5 of the Public Safety Article, as that subtitle existed 15
before the effective date of this Act. 16
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
October 1, 2025. 18
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.