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.
*hb0301*
HOUSE BILL 301
E2 5lr0865
CF 5lr3477
By: Delegate Moon
Introduced and read first time: January 9, 2025
Assigned to: Judiciary
Committee Report: Favorable
House action: Adopted
Read second time: March 1, 2025
CHAPTER ______
AN ACT concerning 1
Criminal Procedure – Forensic Genetic Genealogical DNA Analysis and Search – 2
Affidavit for Judicial Authorization 3
FOR the purpose of altering certain requirements for a sworn affidavit submitted for 4
judicial authorization to initiate a forensic genetic genealogical DNA analysis search 5
(FGGS); and generally relating to FGGS. 6
BY repealing and reenacting, without amendments, 7
Article – Criminal Procedure 8
Section 17–101(e) and 17–102(a) 9
Annotated Code of Maryland 10
(2018 Replacement Volume and 2024 Supplement) 11
BY repealing and reenacting, with amendments, 12
Article – Criminal Procedure 13
Section 17–102(b) 14
Annotated Code of Maryland 15
(2018 Replacement Volume and 2024 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Criminal Procedure 19
17–101. 20 2 HOUSE BILL 301
(e) “Forensic genetic genealogical DNA analysis and search” or “FGGS” means: 1
(1) the forensic genetic genealogical DNA analysis of biological material 2
using SNP or other sequencing techniques to develop an FGG profile; 3
(2) a subsequent search using the FGG profile in a publicly available 4
open–data personal genomics database or a direct–to–consumer genetic genealogy service 5
to find individuals related to the source of the FGG profile; and 6
(3) a genealogical search using public records and other lawful means to 7
obtain information in accordance with this title. 8
17–102. 9
(a) (1) FGGS may not be initiated without judicial authorization and without 10
certifying before the court that the forensic sample and the criminal case satisfy the criteria 11
set forth in this section. 12
(2) If an FGGS is certified before a court in accordance with this section, 13
the court shall authorize the initiation of the FGGS. 14
(b) A sworn affidavit shall be submitted by a law enforcement agent with approval 15
of a prosecutor from the relevant jurisdiction asserting that: 16
(1) THE IDENTITY OF THE PERPETRATOR I S UNKNOWN; 17
[(1)] (2) the crime is the commission of, or the attempt to commit, murder, 18
rape, a felony sexual offense, or a criminal act involving circumstances presenting a 19
substantial and ongoing threat to public safety or national security; 20
[(2)] (3) the forensic sample to be subjected to the FGGS is biological 21
material reasonably believed by investigators to have been deposited by a putative 22
perpetrator and that the forensic sample was collected from: 23
(i) a crime scene; 24
(ii) a person, an item, or a location connected to the criminal event; 25
or 26
(iii) the unidentified human remains of a suspected homicide victim; 27
AND 28
[(3)] (4) an STR DNA profile has already been developed from the forensic 29
sample, was entered into the statewide DNA database system and the national DNA 30
database system, and failed to identify a known individual[; and 31 HOUSE BILL 301 3
(4) unless the crime being investigated presents an ongoing threat to public 1
safety or national security concerns, reasonable investigative leads have been pursued and 2
failed to identify the perpetrator]. 3
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 4
October 1, 2025. 5
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.