MD
Maryland House Bill HB259

Maryland 2025 Regular Session

Maryland House Bill HB259 Compare Versions

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1- WES MOORE, Governor Ch. 91
21
3-– 1 –
4-Chapter 91
5-(House Bill 259)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *hb0259*
89
9-Public Safety – Statewide DNA Database System, DNA Collection, and Penalties
10-– Alterations
10+HOUSE BILL 259
11+F1 5lr0096
12+ (PRE–FILED) CF SB 202
13+By: Chair, Judiciary Committee (By Request – Departmental – State Police) and
14+Delegate Conaway
15+Requested: September 28, 2024
16+Introduced and read first time: January 8, 2025
17+Assigned to: Judiciary
18+Committee Report: Favorable with amendments
19+House action: Adopted
20+Read second time: February 27, 2025
1121
12-FOR the purpose of requiring a certain DNA sample to be collected in a certain manner
13-from an individual who is required to register as a sex offender; requiring a DNA
14-sample to be collected by a certain individual or at a certain location under certain
15-circumstances; requiring a custodial agency or correctional facility to ensure a DNA
16-sample is collected in a certain manner; prohibiting a DNA sample from being tested
17-and placed in a certain statewide DNA database system until certain conditions are
18-met; prohibiting an individual from refusing to provide a DNA sample as required
19-for collection in the database system; requiring certain DNA samples or DNA records
20-to be destroyed and expunged under certain circumstances; and generally relating
21-to the statewide DNA database system and the collection of DNA samples.
22+CHAPTER ______
2223
23-BY repealing and reenacting, without amendments,
24- Article – Public Safety
25- Section 2–501
26- Annotated Code of Maryland
27- (2022 Replacement Volume and 2024 Supplement)
24+AN ACT concerning 1
2825
29-BY repealing and reenacting, with amendments,
30- Article – Public Safety
31- Section 2–504 and 2–511
32- Annotated Code of Maryland
33- (2022 Replacement Volume and 2024 Supplement)
26+Public Safety – Statewide DNA Database System, DNA Collection, and Penalties 2
27+– Alterations 3
3428
35- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
36-That the Laws of Maryland read as follows:
29+FOR the purpose of requiring a certain DNA sample to be collected in a certain manner 4
30+from an individual who is required to register as a sex offender; requiring a DNA 5
31+sample to be collected by a certain individual or at a certain location under certain 6
32+circumstances; requiring a custodial agency or correctional facility to ensure a DNA 7
33+sample is collected in a certain manner; prohibiting a DNA sample from being tested 8
34+and placed in a certain statewide DNA database system until certain conditions are 9
35+met; prohibiting an individual from refusing to provide a DNA sample as required 10
36+for collection in the database system; requiring certain DNA samples or DNA records 11
37+to be destroyed and expunged under certain circumstances; and generally relating 12
38+to the statewide DNA database system and the collection of DNA samples. 13
3739
38-Article – Public Safety
40+BY repealing and reenacting, without amendments, 14
41+ Article – Public Safety 15
42+ Section 2–501 16
43+ Annotated Code of Maryland 17
44+ (2022 Replacement Volume and 2024 Supplement) 18
3945
40-2–501.
46+BY repealing and reenacting, with amendments, 19
47+ Article – Public Safety 20
48+ Section 2–504 and 2–511 21 2 HOUSE BILL 259
4149
42- (a) In this subtitle the following words have the meanings indicated.
4350
44- (b) “Burglary” includes the crimes enumerated in §§ 6–202, 6–203, and 6–204 of
45-the Criminal Law Article.
51+ Annotated Code of Maryland 1
52+ (2022 Replacement Volume and 2024 Supplement) 2
4653
47- (c) (1) “CODIS” means the Federal Bureau of Investigation’s “Combined DNA
48-Index System” that allows the storage and exchange of DNA records submitted by federal,
49-state, and local forensic DNA laboratories. Ch. 91 2025 LAWS OF MARYLAND
54+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
55+That the Laws of Maryland read as follows: 4
5056
51-– 2 –
57+Article – Public Safety 5
5258
53- (2) “CODIS” includes the national DNA index administered and operated
54-by the Federal Bureau of Investigation.
59+2–501. 6
5560
56- (d) “Crime Laboratory” means the Forensic Sciences Division of the Department.
61+ (a) In this subtitle the following words have the meanings indicated. 7
5762
58- (e) (1) Except as provided in paragraph (2) of this subsection, “crime of
59-violence” has the meaning stated in § 14–101 of the Criminal Law Article.
63+ (b) “Burglary” includes the crimes enumerated in §§ 6–202, 6–203, and 6–204 of 8
64+the Criminal Law Article. 9
6065
61- (2) “Crime of violence” does not include mayhem.
66+ (c) (1) “CODIS” means the Federal Bureau of Investigation’s “Combined DNA 10
67+Index System” that allows the storage and exchange of DNA records submitted by federal, 11
68+state, and local forensic DNA laboratories. 12
6269
63- (f) “Director” means the Director of the Crime Laboratory or the Director’s
64-designee.
70+ (2) “CODIS” includes the national DNA index administered and operated 13
71+by the Federal Bureau of Investigation. 14
6572
66- (g) “DNA” means deoxyribonucleic acid.
73+ (d) “Crime Laboratory” means the Forensic Sciences Division of the Department. 15
6774
68- (h) (1) “DNA record” means DNA information stored in CODIS or the
69-statewide DNA database system.
75+ (e) (1) Except as provided in paragraph (2) of this subsection, “crime of 16
76+violence” has the meaning stated in § 14–101 of the Criminal Law Article. 17
7077
71- (2) “DNA record” includes the information commonly referred to as a DNA
72-profile.
78+ (2) “Crime of violence” does not include mayhem. 18
7379
74- (i) “DNA sample” means a body fluid or tissue sample that is:
80+ (f) “Director” means the Director of the Crime Laboratory or the Director’s 19
81+designee. 20
7582
76- (1) provided by an individual who is convicted of a felony or a violation of §
77-6–205 or § 6–206 of the Criminal Law Article;
83+ (g) “DNA” means deoxyribonucleic acid. 21
7884
79- (2) provided by an individual who is charged with:
85+ (h) (1) “DNA record” means DNA information stored in CODIS or the 22
86+statewide DNA database system. 23
8087
81- (i) a crime of violence or an attempt to commit a crime of violence;
82-or
88+ (2) “DNA record” includes the information commonly referred to as a DNA 24
89+profile. 25
8390
84- (ii) burglary or an attempt to commit burglary; or
91+ (i) “DNA sample” means a body fluid or tissue sample that is: 26
8592
86- (3) submitted to the statewide DNA database system for testing as part of
87-a criminal investigation.
93+ (1) provided by an individual who is convicted of a felony or a violation of § 27
94+6–205 or § 6–206 of the Criminal Law Article; 28
8895
89- (j) “Statewide DNA database system” means the DNA record system
90-administered by the Department for identification purposes.
96+ (2) provided by an individual who is charged with: 29
97+ HOUSE BILL 259 3
9198
92- (k) “Statewide DNA repository” means the State repository of DNA samples
93-collected under this subtitle.
9499
95-2–504.
96- WES MOORE, Governor Ch. 91
100+ (i) a crime of violence or an attempt to commit a crime of violence; 1
101+or 2
97102
98-– 3 –
99- (a) (1) In accordance with regulations adopted under this subtitle, an
100-individual who is convicted of a felony or a violation of § 6–205 or § 6–206 of the Criminal
101-Law Article shall:
103+ (ii) burglary or an attempt to commit burglary; or 3
102104
103- (i) have a DNA sample collected either at the time of sentence or on
104-intake to a correctional facility, if the individual is sentenced to a term of imprisonment; or
105+ (3) submitted to the statewide DNA database system for testing as part of 4
106+a criminal investigation. 5
105107
106- (ii) provide a DNA sample as a condition of sentence or probation, if
107-the individual is not sentenced to a term of imprisonment.
108+ (j) “Statewide DNA database system” means the DNA record system 6
109+administered by the Department for identification purposes. 7
108110
109- (2) An individual who was convicted of a felony or a violation of § 6–205 or
110-§ 6–206 of the Criminal Law Article on or before October 1, 2003 and who remains confined
111-in a correctional facility on or after October 1, 1999, shall submit a DNA sample to the
112-Department.
111+ (k) “Statewide DNA repository” means the State repository of DNA samples 8
112+collected under this subtitle. 9
113113
114- (3) (i) In accordance with regulations adopted under this subtitle, a
115-DNA sample shall be collected from an individual who is charged with:
114+2–504. 10
116115
117- 1. a crime of violence or an attempt to commit a crime of
118-violence; or
116+ (a) (1) In accordance with regulations adopted under this subtitle, an 11
117+individual who is convicted of a felony or a violation of § 6–205 or § 6–206 of the Criminal 12
118+Law Article shall: 13
119119
120- 2. burglary or an attempt to commit burglary.
120+ (i) have a DNA sample collected either at the time of sentence or on 14
121+intake to a correctional facility, if the individual is sentenced to a term of imprisonment; or 15
121122
122- (ii) At the time of collection of the DNA sample under this
123-paragraph, the individual from whom a sample is collected shall be given notice that the
124-DNA record may be expunged and the DNA sample destroyed in accordance with § 2–511
125-of this subtitle.
123+ (ii) provide a DNA sample as a condition of sentence or probation, if 16
124+the individual is not sentenced to a term of imprisonment. 17
126125
127- (iii) DNA evidence collected from a crime scene or collected as
128-evidence of sexual assault at a hospital that a law enforcement investigator considers
129-relevant to the identification or exoneration of a suspect shall be tested as soon as
130-reasonably possible following collection of the sample.
126+ (2) An individual who was convicted of a felony or a violation of § 6–205 or 18
127+§ 6–206 of the Criminal Law Article on or before October 1, 2003 and who remains confined 19
128+in a correctional facility on or after October 1, 1999, shall submit a DNA sample to the 20
129+Department. 21
131130
132- (4) AN INDIVIDUAL REQUIRE D TO REGISTER AS A S EX OFFENDER
133-UNDER § 11–704 OF THE CRIMINAL PROCEDURE ARTICLE SHALL HAVE A DNA
134-SAMPLE COLLECTED BY THE SUPERVISING AUTH ORITY WHERE THE INDIVIDUAL IS
135-INITIALLY REQUIRED T O REGISTER.
131+ (3) (i) In accordance with regulations adopted under this subtitle, a 22
132+DNA sample shall be collected from an individual who is charged with: 23
136133
137- (b) In accordance with regulations adopted under this subtitle, each DNA sample
138-required to be collected under this section shall be collected:
134+ 1. a crime of violence or an attempt to commit a crime of 24
135+violence; or 25
139136
140- (1) BY AN INDIVIDUAL WHO IS:
137+ 2. burglary or an attempt to commit burglary. 26
141138
142- (I) DESIGNATED BY THE DIRECTOR; AND
143- Ch. 91 2025 LAWS OF MARYLAND
139+ (ii) At the time of collection of the DNA sample under this 27
140+paragraph, the individual from whom a sample is collected shall be given notice that the 28
141+DNA record may be expunged and the DNA sample destroyed in accordance with § 2–511 29
142+of this subtitle. 30
144143
145-– 4 –
146- (II) TRAINED IN THE COLLE CTION PROCEDURES THA T THE
147-CRIME LABORATORY USES ; AND
144+ (iii) DNA evidence collected from a crime scene or collected as 31
145+evidence of sexual assault at a hospital that a law enforcement investigator considers 32 4 HOUSE BILL 259
148146
149- (2) (I) at the time the individual is charged, [at a facility specified by
150-the Secretary] BY AN EMPLOYEE OF A BOOKING FACILITY OR THE ARRESTING
151-AGENCY;
152147
153- (II) AFTER A CONVICTION O F A QUALIFYING CRIME UNDER
154-SUBSECTION (A)(1) OF THIS SECTION:
148+relevant to the identification or exoneration of a suspect shall be tested as soon as 1
149+reasonably possible following collection of the sample. 2
155150
156- [(2)] 1. BY AN EMPLOYEE OF A CORRECTIONAL FACILIT Y AT
157-THE TIME OF INTAKE at the correctional facility where the individual is confined, if the
158-individual is confined in a correctional facility on or after October 1, 2003, or is sentenced
159-to a term of imprisonment on or after October 1, 2003;
151+ (4) AN INDIVIDUAL REQUIRE D TO REGISTER AS A S EX OFFENDER 3
152+UNDER § 11–704 OF THE CRIMINAL PROCEDURE ARTICLE SHALL HAVE A DNA 4
153+SAMPLE COLLECTED BY THE SUPERVISING AUTH ORITY WHERE THE INDI VIDUAL IS 5
154+INITIALLY REQUIRED T O REGISTER. 6
160155
161- [(3)] 2. at a facility specified by the Director, if the individual is
162-on probation or is not sentenced to a term of imprisonment; or
156+ (b) In accordance with regulations adopted under this subtitle, each DNA sample 7
157+required to be collected under this section shall be collected: 8
163158
164- [(4)] 3. at a suitable location in a circuit court following the
165-imposition of sentence; OR
159+ (1) BY AN INDIVIDUAL WHO IS: 9
166160
167- (III) AT THE TIME OF REGIS TRATION AS A SEX OFF ENDER UNDER
168-§ 11–704 OF THE CRIMINAL PROCEDURE ARTICLE, BY THE SUPERVISING
169-AUTHORITY WHERE THE INDIVIDUAL IS INITIA LLY REQUIRED TO REGI STER, IF
170-APPLICABLE.
161+ (I) DESIGNATED BY THE DIRECTOR; AND 10
171162
172- [(c) A DNA sample shall be collected by an individual who is:
163+ (II) TRAINED IN THE COLLE CTION PROCEDURES THA T THE 11
164+CRIME LABORATORY USES ; AND 12
173165
174- (1) designated by the Director; and
166+ (2) (I) at the time the individual is charged, [at a facility specified by 13
167+the Secretary] BY AN EMPLOYEE OF A BOOKING FACILITY OR THE ARRESTING 14
168+AGENCY; 15
175169
176- (2) trained in the collection procedures that the Crime Laboratory uses.]
170+ (II) AFTER A CONVICTION O F A QUALIFYING CRIME UNDER 16
171+SUBSECTION (A)(1) OF THIS SECTION: 17
177172
178- (C) BEFORE RELEASING AN I NDIVIDUAL FROM CUSTO DY, THE CUSTODIAL
179-AGENCY OR CORRECTION AL FACILITY SHALL EN SURE THAT THE INDIVI DUAL’S DNA
180-SAMPLE HAS BEEN COLL ECTED IN ACCORDANCE WITH THIS SECTION .
173+ [(2)] 1. BY AN EMPLOYEE OF A CORRECTIONAL FACILIT Y AT 18
174+THE TIME OF INT AKE at the correctional facility where the individual is confined, if the 19
175+individual is confined in a correctional facility on or after October 1, 2003, or is sentenced 20
176+to a term of imprisonment on or after October 1, 2003; 21
181177
182- (d) (1) IN THIS SUBSECTION , “POLICE OFFICER ” HAS THE MEANING
183-STATED IN § 3–301 OF THIS ARTICLE.
178+ [(3)] 2. at a facility specified by the Director, if the individual is 22
179+on probation or is not sentenced to a term of imprisonment; or 23
184180
185- (2) A DNA sample collected from an individual charged with a crime under
186-subsection (a)(3) of this section may not ONLY be tested or placed in the statewide DNA
187-database system [prior to the first scheduled arraignment date]:
181+ [(4)] 3. at a suitable location in a circuit court following the 24
182+imposition of sentence; OR 25
188183
189- (I) UNTIL IF: WES MOORE, Governor Ch. 91
184+ (III) AT THE TIME OF REGIS TRATION AS A SEX OFFENDE R UNDER 26
185+§ 11–704 OF THE CRIMINAL PROCEDURE ARTICLE, BY THE SUPERVISING 27
186+AUTHORITY WHERE THE INDIVIDUAL IS INITIA LLY REQUIRED TO REGI STER, IF 28
187+APPLICABLE. 29
190188
191-– 5 –
189+ [(c) A DNA sample shall be collected by an individual who is: 30
192190
193- 1. A DETERMINATION IS M ADE BY A JUDGE OR
194-COMMISSIONER OF THE DISTRICT COURT OR A JUDGE OF T HE CIRCUIT COURT ,
195-BASED ON AN APPLICATION FOR A ST ATEMENT OF CHARGES F ILED BY A POLICE
196-OFFICER OR A STATE’S ATTORNEY, THAT PROBABLE CAUSE EXISTS FOR A
197-QUALIFYING CRIME IN ACCORDANCE WITH THE MARYLAND RULES;
191+ (1) designated by the Director; and 31
192+ HOUSE BILL 259 5
198193
199- 2. THE INDIVIDUAL HAS B EEN ARRESTED FOR A
200-QUALIFYING CHARGE CRIME IN ACCORDANCE WITH AN ARREST WARRANT BASED ON
201-AN APPLICATION FOR A STATEMENT OF CHARGES FILED BY A POLICE OF FICER OR A
202-STATE’S ATTORNEY;
203194
204- 3. AN INFORMATION IS FI LED BY A STATE’S ATTORNEY
205-FOR A QUALIFYING CRI ME IN ACCORDANCE WIT H § 4–102 OF THE CRIMINAL
206-PROCEDURE ARTICLE; OR
195+ (2) trained in the collection procedures that the Crime Laboratory uses.] 1
207196
208- 4. AN INDICTMENT IS RET URNED BY A GRAND JUR Y
209-CHARGING THE INDIVID UAL WITH A QUALIFYIN G CRIME; OR
197+ (C) BEFORE RELEASING AN I NDIVIDUAL FROM CUSTO DY, THE CUSTODIAL 2
198+AGENCY OR CORRECTION AL FACILITY SHALL EN SURE THAT THE INDIVI DUAL’S DNA 3
199+SAMPLE HAS BEEN COLL ECTED IN ACCORDANCE WITH THIS SECTION. 4
210200
211- (II) unless requested or consented to by the individual as provided in
212-paragraph (3) (4) of this subsection.
201+ (d) (1) IN THIS SUBSECTION , “POLICE OFFICER ” HAS THE MEANING 5
202+STATED IN § 3–301 OF THIS ARTICLE. 6
213203
214- (2) (3) If all qualifying criminal charges are determined to be
215-unsupported by probable cause:
204+ (2) A DNA sample collected from an individual charged with a crime under 7
205+subsection (a)(3) of this section may not ONLY be tested or placed in the statewide DNA 8
206+database system [prior to the first scheduled arraignment date]: 9
216207
217- (i) the DNA sample shall be immediately destroyed; and
208+ (I) UNTIL IF: 10
218209
219- (ii) notice shall be sent to the defendant and counsel of record for the
220-defendant that the sample was destroyed.
210+ 1. A DETERMINATION IS M ADE BY A JUDGE OR 11
211+COMMISSIONER OF THE DISTRICT COURT OR A JUDGE OF T HE CIRCUIT COURT , 12
212+BASED ON AN APPLI CATION FOR A STATEME NT OF CHARGES FILED BY A POLICE 13
213+OFFICER OR A STATE’S ATTORNEY, THAT PROBABLE CAUSE EXISTS FOR A 14
214+QUALIFYING CRIME IN ACCORDANCE WITH THE MARYLAND RULES; 15
221215
222- (3) (4) An individual may request or consent to have the individual’s
223-DNA sample processed prior to [arraignment] A PROBABLE CAUSE DET ERMINATION for
224-the sole purpose of having the sample checked against a sample that:
216+ 2. THE INDIVIDUAL HAS B EEN ARRESTED FOR A 16
217+QUALIFYING CHARGE CRIME IN ACCORDANCE WITH AN ARREST WARRA NT BASED ON 17
218+AN APPLICATION FOR A STATEMENT OF CHARGES FILED BY A POLICE OF FICER OR A 18
219+STATE’S ATTORNEY; 19
225220
226- (i) has been processed from the crime scene or the hospital; and
221+ 3. AN INFORMATION IS FI LED BY A STATE’S ATTORNEY 20
222+FOR A QUALIFYING CRI ME IN ACCORDANCE WIT H § 4–102 OF THE CRIMINAL 21
223+PROCEDURE ARTICLE; OR 22
227224
228- (ii) is related to the charges against the individual.
225+ 4. AN INDICTMENT IS RET URNED BY A GRAND JUR Y 23
226+CHARGING THE INDIVID UAL WITH A QUALIFYIN G CRIME; OR 24
229227
230- (e) A second DNA sample shall be taken if needed to obtain sufficient DNA for
231-the statewide DNA database system or if ordered by the court for good cause shown.
228+ (II) unless requested or consented to by the individual as provided in 25
229+paragraph (3) (4) of this subsection. 26
232230
233- (f) Failure of an individual who is not sentenced to a term of imprisonment to
234-provide a DNA sample within 90 days after notice by the Director is a violation of probation.
235- Ch. 91 2025 LAWS OF MARYLAND
231+ (2) (3) If all qualifying criminal charges are determined to be 27
232+unsupported by probable cause: 28
236233
237-– 6 –
238- (G) (1) AN INDIVIDUAL MAY NOT REFUSE TO PROVIDE A DNA SAMPLE IN
239-ACCORDANCE WITH THIS SECTION.
234+ (i) the DNA sample shall be immediately destroyed; and 29
240235
241- (2) AN INDIVIDUAL WHO VIO LATES PARAGRAPH (1) OF THIS
242-SUBSECTION IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUB JECT TO A
243-FINE NOT EXCEEDING $10,000 $1,000.
236+ (ii) notice shall be sent to the defendant and counsel of record for the 30
237+defendant that the sample was destroyed. 31
238+ 6 HOUSE BILL 259
244239
245- (H) (1) AN EMPLOYEE WHO ATTEM PTS TO COLLECT A DNA SAMPLE IN
246-ACCORDANCE WITH THIS SECTION, BUT IS UNABLE TO COLLECT THE SAMPLE
247-BECAUSE THE INDIVIDU AL WHO IS REQUIRED T O SUBMIT THE SAMPLE REFUSES TO
248-DO SO, SHALL BE DEEMED TO H AVE DISCHARGED THE E MPLOYEE’S DUTY UNDER
249-THIS SECTION.
250240
251- (2) A REFUSAL TO SUBMIT A DNA SAMPLE AS REQUIRED U NDER THIS
252-SECTION SHA LL BE REFERRED TO TH E STATE’S ATTORNEY’S OFFICE FOR
253-PROSECUTION UNDER SU BSECTION (G) OF THIS SECTION.
241+ (3) (4) An individual may request or consent to have the individual’s 1
242+DNA sample processed prior to [arraignment] A PROBABLE CAU SE DETERMINATION for 2
243+the sole purpose of having the sample checked against a sample that: 3
254244
255-2–511.
245+ (i) has been processed from the crime scene or the hospital; and 4
256246
257- (a) (1) Except as provided in paragraph [(2)] (3) of this subsection, [any] AN
258-INDIVIDUAL’S DNA samples and records [generated as part of a criminal investigation or
259-prosecution] THAT ARE COLLECTED I N ACCORDANCE WITH § 2–504(A)(3) OF THIS
260-SUBTITLE shall be destroyed [or] AND expunged automatically from the [State]
261-STATEWIDE DNA database SYSTEM if:
247+ (ii) is related to the charges against the individual. 5
262248
263- (i) a criminal action begun against the individual relating to the
264-crime does not result in a conviction of the individual;
249+ (e) A second DNA sample shall be taken if needed to obtain sufficient DNA for 6
250+the statewide DNA database system or if ordered by the court for good cause shown. 7
265251
266- (ii) the conviction is finally reversed or vacated and no new trial is
267-permitted; or
252+ (f) Failure of an individual who is not sentenced to a term of imprisonment to 8
253+provide a DNA sample within 90 days after notice by the Director is a violation of probation. 9
268254
269- (iii) the individual is granted an unconditional pardon.
255+ (G) (1) AN INDIVIDUAL MAY NOT REFUSE TO PROVIDE A DNA SAMPLE IN 10
256+ACCORDANCE WITH THIS SECTION. 11
270257
271- (2) EXCEPT AS PROVI DED IN PARAGRAPH (3) OF THIS SUBSECTION , A
272-DNA SAMPLE COLLECTED , BUT NOT TESTED , FROM AN INDIVIDUAL C HARGED WITH
273-A CRIME UNDER § 2–504(A)(3) OF THIS SUBTITLE SHA LL BE DESTROYED AND
274-EXPUNGED IF:
258+ (2) AN INDIVIDUAL WHO VIO LATES PARAGRAPH (1) OF THIS 12
259+SUBSECTION IS GUILTY OF A MISDEMEANOR AND ON CONVICTION I S SUBJECT TO A 13
260+FINE NOT EXCEEDING $10,000 $1,000. 14
275261
276- (I) AT LEAST 2 YEARS HAVE PASSED FR OM THE DATE OF
277-COLLECTION OF THE DNA SAMPLE; AND
262+ (H) (1) AN EMPLOYEE WHO ATTEM PTS TO COLLECT A DNA SAMPLE IN 15
263+ACCORDANCE WITH THIS SECTION, BUT IS UNABLE TO COL LECT THE SAMPLE 16
264+BECAUSE THE INDIVIDU AL WHO IS REQUIRED T O SUBMIT THE SAMPLE REFUSES TO 17
265+DO SO, SHALL BE DEEMED TO H AVE DISCHARGED THE E MPLOYEE’S DUTY UNDER 18
266+THIS SECTION. 19
278267
279- (II) THE DNA SAMPLE FAILED TO MEE T THE REQUIREMENTS
280-FOR TESTING.
281- WES MOORE, Governor Ch. 91
268+ (2) A REFUSAL TO SUBMIT A DNA SAMPLE AS REQUIRED U NDER THIS 20
269+SECTION SHALL BE REF ERRED TO THE STATE’S ATTORNEY’S OFFICE FOR 21
270+PROSECUTION UNDER SU BSECTION (G) OF THIS SECTION. 22
282271
283-– 7 –
284- [(2)] (3) A DNA sample or DNA record may not be destroyed or expunged
285-automatically from the [State] STATEWIDE DNA database SYSTEM if:
272+2–511. 23
286273
287- (I) the criminal action is put on the stet docket [or];
274+ (a) (1) Except as provided in paragraph [(2)] (3) of this subsection, [any] AN 24
275+INDIVIDUAL’S DNA samples and records [generated as part of a criminal investigation or 25
276+prosecution] THAT ARE COLLECTED I N ACCORDANCE WITH § 2–504(A)(3) OF THIS 26
277+SUBTITLE shall be destroyed [or] AND expunged automatically from the [State] 27
278+STATEWIDE DNA database SYSTEM if: 28
288279
289- (II) the individual receives probation before judgment; OR
280+ (i) a criminal action begun against the individual relating to the 29
281+crime does not result in a conviction of the individual; 30
290282
291- (III) THE TRIAL FOR A QUAL IFYING CHARGE UNDER §
292-2–504(A)(3) OF THIS SUBTITLE REM AINS PENDING FOR ANY REASON.
283+ (ii) the conviction is finally reversed or vacated and no new trial is 31
284+permitted; or 32
285+ HOUSE BILL 259 7
293286
294- (b) If the DNA sample or DNA record was obtained or generated only in
295-connection with a case in which eligibility for expungement has been established, the DNA
296-sample shall be destroyed and the DNA record shall be expunged.
297287
298- (c) Any DNA record expunged in accordance with this section shall be expunged
299-from every database into which it has been entered, including local, State, and federal
300-databases.
288+ (iii) the individual is granted an unconditional pardon. 1
301289
302- (d) An expungement or destruction of sample under this section shall occur within
303-60 days of an event listed in subsection (a) of this section.
290+ (2) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION , A 2
291+DNA SAMPLE COLLECTED , BUT NOT TESTED , FROM AN INDIVIDUAL C HARGED W ITH 3
292+A CRIME UNDER § 2–504(A)(3) OF THIS SUBTITLE SHA LL BE DESTROYED AND 4
293+EXPUNGED IF: 5
304294
305- (e) [A letter] WRITTEN NOTICE documenting expungement of the DNA record
306-and destruction of the DNA sample shall, IN ACCORDANCE WITH R EGULATIONS
307-ADOPTED BY THE DIRECTOR, be sent by the Director to the defendant and the
308-defendant’s attorney at the address specified by the court in the order of expungement.
295+ (I) AT LEAST 2 YEARS HAVE PASSED FR OM THE DATE OF 6
296+COLLECTION OF THE DNA SAMPLE; AND 7
309297
310- (f) A record or sample that qualifies for expungement or destruction under this
311-section and is matched concurrent with or subsequent to the date of qualification for
312-expungement:
298+ (II) THE DNA SAMPLE FAILED TO MEE T THE REQUIREMENTS 8
299+FOR TESTING. 9
313300
314- (1) may not be utilized for a determination of probable cause regardless of
315-whether it is expunged or destroyed timely; and
301+ [(2)] (3) A DNA sample or DNA record may not be destroyed or expunged 10
302+automatically from the [State] STATEWIDE DNA database SYSTEM if: 11
316303
317- (2) is not admissible in any proceeding for any purpose.
304+ (I) the criminal action is put on the stet docket [or]; 12
318305
319- (g) The Director shall adopt [procedures] REGULATIONS to comply with this
320-section.
306+ (II) the individual receives probation before judgment; OR 13
321307
322- SECTION 2. AND BE IT FURTHER ENACTED, That:
308+ (III) THE TRIAL FOR A QUAL IFYING CHARGE UNDER § 14
309+2–504(A)(3) OF THIS SUBTITLE REM AINS PENDING FOR ANY REASON. 15
323310
324- (a) (1) In this section the following words have the meanings indicated.
311+ (b) If the DNA sample or DNA record was obtained or generated only in 16
312+connection with a case in which eligibility for expungement has been established, the DNA 17
313+sample shall be destroyed and the DNA record shall be expunged. 18
325314
326- (2) “DNA sample” has the meaning stated in § 2–501 of the Public Safety
327-Article.
328- Ch. 91 2025 LAWS OF MARYLAND
315+ (c) Any DNA record expunged in accordance with this section shall be expunged 19
316+from every database into which it has been entered, including local, State, and federal 20
317+databases. 21
329318
330-– 8 –
331- (3) “Statewide DNA database system” has the meaning stated in § 2–501
332-of the Public Safety Article.
319+ (d) An expungement or destruction of sample under this section shall occur within 22
320+60 days of an event listed in subsection (a) of this section. 23
333321
334- (b) For any DNA sample collected in accordance with § 2–504(a)(3) of the Public
335-Safety Article before the effective date of this Act, the Forensic Sciences Division in the
336-Department of State Police shall, on or before October 1, 2028, destroy and expunge the
337-record of any DNA sample that has not been tested or placed in the statewide DNA
338-database system on or before November 1, 2027, because the DNA sample failed to meet
339-the requirements of Title 2, Subtitle 5 of the Public Safety Article, as that subtitle existed
340-before the effective date of this Act.
322+ (e) [A letter] WRITTEN NOTICE documenting expungement of the DNA record 24
323+and destruction of the DNA sample shall, IN ACCORDANCE WITH R EGULATIONS 25
324+ADOPTED BY THE DIRECTOR, be sent by the Director to the defendant and the 26
325+defendant’s attorney at the address specified by the court in the order of expungement. 27
341326
342- SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
343-October 1, 2025.
327+ (f) A record or sample that qualifies for expungement or destruction under this 28
328+section and is matched concurrent with or subsequent to the date of qualification for 29
329+expungement: 30
344330
345-Approved by the Governor, April 8, 2025.
331+ (1) may not be utilized for a determination of probable cause regardless of 31
332+whether it is expunged or destroyed timely; and 32
333+ 8 HOUSE BILL 259
334+
335+
336+ (2) is not admissible in any proceeding for any purpose. 1
337+
338+ (g) The Director shall adopt [procedures] REGULATIONS to comply with this 2
339+section. 3
340+
341+ SECTION 2. AND BE IT FURTHER ENACTED, That: 4
342+
343+ (a) (1) In this section the following words have the meanings indicated. 5
344+
345+ (2) “DNA sample” has the meaning stated in § 2–501 of the Public Safety 6
346+Article. 7
347+
348+ (3) “Statewide DNA database system” has the meaning stated in § 2–501 8
349+of the Public Safety Article. 9
350+
351+ (b) For any DNA sample collected in accordance with § 2–504(a)(3) of the Public 10
352+Safety Article before the effective date of this Act, the Forensic Sciences Division in the 11
353+Department of State Police shall, on or before October 1, 2028, destroy and expunge the 12
354+record of any DNA sample that has not been tested or placed in the statewide DNA 13
355+database system on or before November 1, 2027, because the DNA sample failed to meet 14
356+the requirements of Title 2, Subtitle 5 of the Public Safety Article, as that subtitle existed 15
357+before the effective date of this Act. 16
358+
359+ SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
360+October 1, 2025. 18
361+
362+
363+
364+
365+
366+Approved:
367+________________________________________________________________________________
368+ Governor.
369+________________________________________________________________________________
370+ Speaker of the House of Delegates.
371+________________________________________________________________________________
372+ President of the Senate.