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.
Italics indicate opposite chamber/conference committee amendments.
*hb0301*
HOUSE BILL 301
E2 (5lr0865)
ENROLLED BILL
— Judiciary/Judicial Proceedings —
Introduced by Delegate Moon
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at _________________ _______ o’clock, ________M.
______________________________________________
Speaker.
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 and clarifying certain requirements for a sworn affidavit 4
submitted for judicial authorization to initiate a forensic genetic genealogical DNA 5
analysis search (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 2 HOUSE BILL 301
Section 17–102(b) 1
Annotated Code of Maryland 2
(2018 Replacement Volume and 2024 Supplement) 3
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
That the Laws of Maryland read as follows: 5
Article – Criminal Procedure 6
17–101. 7
(e) “Forensic genetic genealogical DNA analysis and search” or “FGGS” means: 8
(1) the forensic genetic genealogical DNA analysis of biological material 9
using SNP or other sequencing techniques to develop an FGG profile; 10
(2) a subsequent search using the FGG profile in a publicly available 11
open–data personal genomics database or a direct–to–consumer genetic genealogy service 12
to find individuals related to the source of the FGG profile; and 13
(3) a genealogical search using public records and other lawful means to 14
obtain information in accordance with this title. 15
17–102. 16
(a) (1) FGGS may not be initiated without judicial authorization and without 17
certifying before the court that the forensic sample and the criminal case satisfy the criteria 18
set forth in this section. 19
(2) If an FGGS is certified before a court in accordance with this section, 20
the court shall authorize the initiation of the FGGS. 21
(b) (1) A sworn affidavit shall be submitted by a law enforcement agent with 22
approval of a prosecutor from the relevant jurisdiction asserting that: 23
(1) (I) THE IDENTITY OF THE PERPETRATOR IS UNKNO WN; 24
[(1)] (2) (II) the crime is the commission of, or the attempt to commit, 25
murder, rape, a felony sexual offense, or a criminal act involving circumstances presenting 26
a substantial and ongoing threat to public safety or national security; 27
[(2)] (3) (III) the forensic sample to be subjected to the FGGS is 28
biological material reasonably believed by investigators to have been deposited by a 29
putative perpetrator and that the forensic sample was collected from: 30
(i) 1. a crime scene; 31 HOUSE BILL 301 3
(ii) 2. a person, an item, or a location connected to the criminal 1
event; or 2
(iii) 3. the unidentified human remains of a suspected homicide 3
victim; AND 4
[(3)] (4) (IV) an STR DNA profile has already been developed from the 5
forensic sample, was entered into the statewide DNA database system and the national 6
DNA database system, and failed to identify a known individual[; and 7
(4) (V) unless the crime being investigated presents an ongoing threat 8
to public safety or national security concerns, reasonable investigative leads have been 9
pursued and failed to identify the perpetrator]. 10
(2) NOTHING IN THIS SUBSE CTION MAY BE CONSTRU ED TO REQUIRE 11
THAT ALL INVESTIGATI VE LEADS HAVE BEEN EXHAUSTED . 12
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 13
October 1, 2025. 14
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.