WES MOORE, Governor Ch. 91
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Chapter 91
(House Bill 259)
AN ACT concerning
Public Safety – Statewide DNA Database System, DNA Collection, and Penalties
– Alterations
FOR the purpose of requiring a certain DNA sample to be collected in a certain manner
from an individual who is required to register as a sex offender; requiring a DNA
sample to be collected by a certain individual or at a certain location under certain
circumstances; requiring a custodial agency or correctional facility to ensure a DNA
sample is collected in a certain manner; prohibiting a DNA sample from being tested
and placed in a certain statewide DNA database system until certain conditions are
met; prohibiting an individual from refusing to provide a DNA sample as required
for collection in the database system; requiring certain DNA samples or DNA records
to be destroyed and expunged under certain circumstances; and generally relating
to the statewide DNA database system and the collection of DNA samples.
BY repealing and reenacting, without amendments,
Article – Public Safety
Section 2–501
Annotated Code of Maryland
(2022 Replacement Volume and 2024 Supplement)
BY repealing and reenacting, with amendments,
Article – Public Safety
Section 2–504 and 2–511
Annotated Code of Maryland
(2022 Replacement Volume and 2024 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Public Safety
2–501.
(a) In this subtitle the following words have the meanings indicated.
(b) “Burglary” includes the crimes enumerated in §§ 6–202, 6–203, and 6–204 of
the Criminal Law Article.
(c) (1) “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. Ch. 91 2025 LAWS OF MARYLAND
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(2) “CODIS” includes the national DNA index administered and operated
by the Federal Bureau of Investigation.
(d) “Crime Laboratory” means the Forensic Sciences Division of the Department.
(e) (1) Except as provided in paragraph (2) of this subsection, “crime of
violence” has the meaning stated in § 14–101 of the Criminal Law Article.
(2) “Crime of violence” does not include mayhem.
(f) “Director” means the Director of the Crime Laboratory or the Director’s
designee.
(g) “DNA” means deoxyribonucleic acid.
(h) (1) “DNA record” means DNA information stored in CODIS or the
statewide DNA database system.
(2) “DNA record” includes the information commonly referred to as a DNA
profile.
(i) “DNA sample” means a body fluid or tissue sample that is:
(1) provided by an individual who is convicted of a felony or a violation of §
6–205 or § 6–206 of the Criminal Law Article;
(2) provided by an individual who is charged with:
(i) a crime of violence or an attempt to commit a crime of violence;
or
(ii) burglary or an attempt to commit burglary; or
(3) submitted to the statewide DNA database system for testing as part of
a criminal investigation.
(j) “Statewide DNA database system” means the DNA record system
administered by the Department for identification purposes.
(k) “Statewide DNA repository” means the State repository of DNA samples
collected under this subtitle.
2–504.
WES MOORE, Governor Ch. 91
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(a) (1) 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:
(i) 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
(ii) provide a DNA sample as a condition of sentence or probation, if
the individual is not sentenced to a term of imprisonment.
(2) 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.
(3) (i) In accordance with regulations adopted under this subtitle, a
DNA sample shall be collected from an individual who is charged with:
1. a crime of violence or an attempt to commit a crime of
violence; or
2. burglary or an attempt to commit burglary.
(ii) 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.
(iii) 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.
(4) AN INDIVIDUAL REQUIRE D TO REGISTER AS A S EX OFFENDER
UNDER § 11–704 OF THE CRIMINAL PROCEDURE ARTICLE SHALL HAVE A DNA
SAMPLE COLLECTED BY THE SUPERVISING AUTH ORITY WHERE THE INDIVIDUAL IS
INITIALLY REQUIRED T O REGISTER.
(b) In accordance with regulations adopted under this subtitle, each DNA sample
required to be collected under this section shall be collected:
(1) BY AN INDIVIDUAL WHO IS:
(I) DESIGNATED BY THE DIRECTOR; AND
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(II) TRAINED IN THE COLLE CTION PROCEDURES THA T THE
CRIME LABORATORY USES ; AND
(2) (I) at the time the individual is charged, [at a facility specified by
the Secretary] BY AN EMPLOYEE OF A BOOKING FACILITY OR THE ARRESTING
AGENCY;
(II) AFTER A CONVICTION O F A QUALIFYING CRIME UNDER
SUBSECTION (A)(1) OF THIS SECTION:
[(2)] 1. BY AN EMPLOYEE OF A CORRECTIONAL FACILIT Y 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;
[(3)] 2. at a facility specified by the Director, if the individual is
on probation or is not sentenced to a term of imprisonment; or
[(4)] 3. at a suitable location in a circuit court following the
imposition of sentence; OR
(III) AT THE TIME OF REGIS TRATION AS A SEX OFF ENDER UNDER
§ 11–704 OF THE CRIMINAL PROCEDURE ARTICLE, BY THE SUPERVISING
AUTHORITY WHERE THE INDIVIDUAL IS INITIA LLY REQUIRED TO REGI STER, IF
APPLICABLE.
[(c) A DNA sample shall be collected by an individual who is:
(1) designated by the Director; and
(2) trained in the collection procedures that the Crime Laboratory uses.]
(C) BEFORE RELEASING AN I NDIVIDUAL FROM CUSTO DY, THE CUSTODIAL
AGENCY OR CORRECTION AL FACILITY SHALL EN SURE THAT THE INDIVI DUAL’S DNA
SAMPLE HAS BEEN COLL ECTED IN ACCORDANCE WITH THIS SECTION .
(d) (1) IN THIS SUBSECTION , “POLICE OFFICER ” HAS THE MEANING
STATED IN § 3–301 OF THIS ARTICLE.
(2) A DNA sample collected from an individual charged with a crime under
subsection (a)(3) of this section may not ONLY be tested or placed in the statewide DNA
database system [prior to the first scheduled arraignment date]:
(I) UNTIL IF: WES MOORE, Governor Ch. 91
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1. A DETERMINATION IS M ADE BY A JUDGE OR
COMMISSIONER OF THE DISTRICT COURT OR A JUDGE OF T HE CIRCUIT COURT ,
BASED ON AN APPLICATION FOR A ST ATEMENT OF CHARGES F ILED BY A POLICE
OFFICER OR A STATE’S ATTORNEY, THAT PROBABLE CAUSE EXISTS FOR A
QUALIFYING CRIME IN ACCORDANCE WITH THE MARYLAND RULES;
2. THE INDIVIDUAL HAS B EEN ARRESTED FOR A
QUALIFYING CHARGE CRIME IN ACCORDANCE WITH AN ARREST WARRANT BASED ON
AN APPLICATION FOR A STATEMENT OF CHARGES FILED BY A POLICE OF FICER OR A
STATE’S ATTORNEY;
3. AN INFORMATION IS FI LED BY A STATE’S ATTORNEY
FOR A QUALIFYING CRI ME IN ACCORDANCE WIT H § 4–102 OF THE CRIMINAL
PROCEDURE ARTICLE; OR
4. AN INDICTMENT IS RET URNED BY A GRAND JUR Y
CHARGING THE INDIVID UAL WITH A QUALIFYIN G CRIME; OR
(II) unless requested or consented to by the individual as provided in
paragraph (3) (4) of this subsection.
(2) (3) If all qualifying criminal charges are determined to be
unsupported by probable cause:
(i) the DNA sample shall be immediately destroyed; and
(ii) notice shall be sent to the defendant and counsel of record for the
defendant that the sample was destroyed.
(3) (4) An individual may request or consent to have the individual’s
DNA sample processed prior to [arraignment] A PROBABLE CAUSE DET ERMINATION for
the sole purpose of having the sample checked against a sample that:
(i) has been processed from the crime scene or the hospital; and
(ii) is related to the charges against the individual.
(e) 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.
(f) 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.
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(G) (1) AN INDIVIDUAL MAY NOT REFUSE TO PROVIDE A DNA SAMPLE IN
ACCORDANCE WITH THIS SECTION.
(2) AN INDIVIDUAL WHO VIO LATES PARAGRAPH (1) OF THIS
SUBSECTION IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUB JECT TO A
FINE NOT EXCEEDING $10,000 $1,000.
(H) (1) AN EMPLOYEE WHO ATTEM PTS TO COLLECT A DNA SAMPLE IN
ACCORDANCE WITH THIS SECTION, BUT IS UNABLE TO COLLECT THE SAMPLE
BECAUSE THE INDIVIDU AL WHO IS REQUIRED T O SUBMIT THE SAMPLE REFUSES TO
DO SO, SHALL BE DEEMED TO H AVE DISCHARGED THE E MPLOYEE’S DUTY UNDER
THIS SECTION.
(2) A REFUSAL TO SUBMIT A DNA SAMPLE AS REQUIRED U NDER THIS
SECTION SHA LL BE REFERRED TO TH E STATE’S ATTORNEY’S OFFICE FOR
PROSECUTION UNDER SU BSECTION (G) OF THIS SECTION.
2–511.
(a) (1) Except as provided in paragraph [(2)] (3) of this subsection, [any] AN
INDIVIDUAL’S DNA samples and records [generated as part of a criminal investigation or
prosecution] THAT ARE COLLECTED I N ACCORDANCE WITH § 2–504(A)(3) OF THIS
SUBTITLE shall be destroyed [or] AND expunged automatically from the [State]
STATEWIDE DNA database SYSTEM if:
(i) a criminal action begun against the individual relating to the
crime does not result in a conviction of the individual;
(ii) the conviction is finally reversed or vacated and no new trial is
permitted; or
(iii) the individual is granted an unconditional pardon.
(2) EXCEPT AS PROVI DED IN PARAGRAPH (3) OF THIS SUBSECTION , A
DNA SAMPLE COLLECTED , BUT NOT TESTED , FROM AN INDIVIDUAL C HARGED WITH
A CRIME UNDER § 2–504(A)(3) OF THIS SUBTITLE SHA LL BE DESTROYED AND
EXPUNGED IF:
(I) AT LEAST 2 YEARS HAVE PASSED FR OM THE DATE OF
COLLECTION OF THE DNA SAMPLE; AND
(II) THE DNA SAMPLE FAILED TO MEE T THE REQUIREMENTS
FOR TESTING.
WES MOORE, Governor Ch. 91
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[(2)] (3) A DNA sample or DNA record may not be destroyed or expunged
automatically from the [State] STATEWIDE DNA database SYSTEM if:
(I) the criminal action is put on the stet docket [or];
(II) the individual receives probation before judgment; OR
(III) THE TRIAL FOR A QUAL IFYING CHARGE UNDER §
2–504(A)(3) OF THIS SUBTITLE REM AINS PENDING FOR ANY REASON.
(b) 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.
(c) 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.
(d) An expungement or destruction of sample under this section shall occur within
60 days of an event listed in subsection (a) of this section.
(e) [A letter] WRITTEN NOTICE documenting expungement of the DNA record
and destruction of the DNA sample shall, IN ACCORDANCE WITH R EGULATIONS
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.
(f) 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:
(1) may not be utilized for a determination of probable cause regardless of
whether it is expunged or destroyed timely; and
(2) is not admissible in any proceeding for any purpose.
(g) The Director shall adopt [procedures] REGULATIONS to comply with this
section.
SECTION 2. AND BE IT FURTHER ENACTED, That:
(a) (1) In this section the following words have the meanings indicated.
(2) “DNA sample” has the meaning stated in § 2–501 of the Public Safety
Article.
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(3) “Statewide DNA database system” has the meaning stated in § 2–501
of the Public Safety Article.
(b) For any DNA sample collected in accordance with § 2–504(a)(3) of the Public
Safety Article before the effective date of this Act, the Forensic Sciences Division in the
Department of State Police shall, on or before October 1, 2028, destroy and expunge the
record of any DNA sample that has not been tested or placed in the statewide DNA
database system on or before November 1, 2027, because the DNA sample failed to meet
the requirements of Title 2, Subtitle 5 of the Public Safety Article, as that subtitle existed
before the effective date of this Act.
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2025.
Approved by the Governor, April 8, 2025.