MD
Maryland House Bill HB301

Maryland 2025 Regular Session

Maryland House Bill HB301 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 Underlining indicates amendments to bill.
66 Strike out indicates matter stricken from the bill by amendment or deleted from the law by
77 amendment.
8- Italics indicate opposite chamber/conference committee amendments.
98 *hb0301*
109
1110 HOUSE BILL 301
12-E2 (5lr0865)
13-ENROLLED BILL
14-— Judiciary/Judicial Proceedings —
15-Introduced by Delegate Moon
16-
17-Read and Examined by Proofreaders:
18-
19-_______________________________________________
20-Proofreader.
21-_______________________________________________
22-Proofreader.
23-
24-Sealed with the Great Seal and presented to the Governor, for his approval this
25-
26-_______ day of _______________ at _________________ _______ o’clock, ________M.
27-
28-______________________________________________
29-Speaker.
11+E2 5lr0865
12+ CF 5lr3477
13+By: Delegate Moon
14+Introduced and read first time: January 9, 2025
15+Assigned to: Judiciary
16+Committee Report: Favorable
17+House action: Adopted
18+Read second time: March 1, 2025
3019
3120 CHAPTER ______
3221
3322 AN ACT concerning 1
3423
3524 Criminal Procedure – Forensic Genetic Genealogical DNA Analysis and Search – 2
3625 Affidavit for Judicial Authorization 3
3726
38-FOR the purpose of altering and clarifying certain requirements for a sworn affidavit 4
39-submitted for judicial authorization to initiate a forensic genetic genealogical DNA 5
40-analysis search (FGGS); and generally relating to FGGS. 6
27+FOR the purpose of altering certain requirements for a sworn affidavit submitted for 4
28+judicial authorization to initiate a forensic genetic genealogical DNA analysis search 5
29+(FGGS); and generally relating to FGGS. 6
4130
4231 BY repealing and reenacting, without amendments, 7
4332 Article – Criminal Procedure 8
4433 Section 17–101(e) and 17–102(a) 9
4534 Annotated Code of Maryland 10
4635 (2018 Replacement Volume and 2024 Supplement) 11
4736
4837 BY repealing and reenacting, with amendments, 12
49- Article – Criminal Procedure 13 2 HOUSE BILL 301
38+ Article – Criminal Procedure 13
39+Section 17–102(b) 14
40+ Annotated Code of Maryland 15
41+ (2018 Replacement Volume and 2024 Supplement) 16
5042
43+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
44+That the Laws of Maryland read as follows: 18
5145
52-Section 17–102(b) 1
53- Annotated Code of Maryland 2
54- (2018 Replacement Volume and 2024 Supplement) 3
46+Article – Criminal Procedure 19
5547
56- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
57-That the Laws of Maryland read as follows: 5
58-
59-Article – Criminal Procedure 6
60-
61-17–101. 7
62-
63- (e) “Forensic genetic genealogical DNA analysis and search” or “FGGS” means: 8
64-
65- (1) the forensic genetic genealogical DNA analysis of biological material 9
66-using SNP or other sequencing techniques to develop an FGG profile; 10
67-
68- (2) a subsequent search using the FGG profile in a publicly available 11
69-open–data personal genomics database or a direct–to–consumer genetic genealogy service 12
70-to find individuals related to the source of the FGG profile; and 13
71-
72- (3) a genealogical search using public records and other lawful means to 14
73-obtain information in accordance with this title. 15
74-
75-17–102. 16
76-
77- (a) (1) FGGS may not be initiated without judicial authorization and without 17
78-certifying before the court that the forensic sample and the criminal case satisfy the criteria 18
79-set forth in this section. 19
80-
81- (2) If an FGGS is certified before a court in accordance with this section, 20
82-the court shall authorize the initiation of the FGGS. 21
83-
84- (b) (1) A sworn affidavit shall be submitted by a law enforcement agent with 22
85-approval of a prosecutor from the relevant jurisdiction asserting that: 23
86-
87- (1) (I) THE IDENTITY OF THE PERPETRATOR IS UNKNO WN; 24
88-
89- [(1)] (2) (II) the crime is the commission of, or the attempt to commit, 25
90-murder, rape, a felony sexual offense, or a criminal act involving circumstances presenting 26
91-a substantial and ongoing threat to public safety or national security; 27
92-
93- [(2)] (3) (III) the forensic sample to be subjected to the FGGS is 28
94-biological material reasonably believed by investigators to have been deposited by a 29
95-putative perpetrator and that the forensic sample was collected from: 30
96-
97- (i) 1. a crime scene; 31 HOUSE BILL 301 3
48+17–101. 20 2 HOUSE BILL 301
9849
9950
10051
101- (ii) 2. a person, an item, or a location connected to the criminal 1
102-event; or 2
52+ (e) “Forensic genetic genealogical DNA analysis and search” or “FGGS” means: 1
10353
104- (iii) 3. the unidentified human remains of a suspected homicide 3
105-victim; AND 4
54+ (1) the forensic genetic genealogical DNA analysis of biological material 2
55+using SNP or other sequencing techniques to develop an FGG profile; 3
10656
107- [(3)] (4) (IV) an STR DNA profile has already been developed from the 5
108-forensic sample, was entered into the statewide DNA database system and the national 6
109-DNA database system, and failed to identify a known individual[; and 7
57+ (2) a subsequent search using the FGG profile in a publicly available 4
58+open–data personal genomics database or a direct–to–consumer genetic genealogy service 5
59+to find individuals related to the source of the FGG profile; and 6
11060
111- (4) (V) unless the crime being investigated presents an ongoing threat 8
112-to public safety or national security concerns, reasonable investigative leads have been 9
113-pursued and failed to identify the perpetrator]. 10
61+ (3) a genealogical search using public records and other lawful means to 7
62+obtain information in accordance with this title. 8
11463
115- (2) NOTHING IN THIS SUBSE CTION MAY BE CONSTRU ED TO REQUIRE 11
116-THAT ALL INVESTIGATI VE LEADS HAVE BEEN EXHAUSTED . 12
64+17–102. 9
11765
118- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 13
119-October 1, 2025. 14
66+ (a) (1) FGGS may not be initiated without judicial authorization and without 10
67+certifying before the court that the forensic sample and the criminal case satisfy the criteria 11
68+set forth in this section. 12
12069
70+ (2) If an FGGS is certified before a court in accordance with this section, 13
71+the court shall authorize the initiation of the FGGS. 14
72+
73+ (b) A sworn affidavit shall be submitted by a law enforcement agent with approval 15
74+of a prosecutor from the relevant jurisdiction asserting that: 16
75+
76+ (1) THE IDENTITY OF THE PERPETRATOR I S UNKNOWN; 17
77+
78+ [(1)] (2) the crime is the commission of, or the attempt to commit, murder, 18
79+rape, a felony sexual offense, or a criminal act involving circumstances presenting a 19
80+substantial and ongoing threat to public safety or national security; 20
81+
82+ [(2)] (3) the forensic sample to be subjected to the FGGS is biological 21
83+material reasonably believed by investigators to have been deposited by a putative 22
84+perpetrator and that the forensic sample was collected from: 23
85+
86+ (i) a crime scene; 24
87+
88+ (ii) a person, an item, or a location connected to the criminal event; 25
89+or 26
90+
91+ (iii) the unidentified human remains of a suspected homicide victim; 27
92+AND 28
93+
94+ [(3)] (4) an STR DNA profile has already been developed from the forensic 29
95+sample, was entered into the statewide DNA database system and the national DNA 30
96+database system, and failed to identify a known individual[; and 31 HOUSE BILL 301 3
97+
98+
99+
100+ (4) unless the crime being investigated presents an ongoing threat to public 1
101+safety or national security concerns, reasonable investigative leads have been pursued and 2
102+failed to identify the perpetrator]. 3
103+
104+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 4
105+October 1, 2025. 5
121106
122107
123108
124109 Approved:
125110 ________________________________________________________________________________
126111 Governor.
127112 ________________________________________________________________________________
128113 Speaker of the House of Delegates.
129114 ________________________________________________________________________________
130115 President of the Senate.