MD
Maryland Senate Bill SB202

Maryland 2025 Regular Session

Maryland Senate Bill SB202 Compare Versions

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1- WES MOORE, Governor Ch. 92
21
3-– 1 –
4-Chapter 92
5-(Senate Bill 202)
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+ Italics indicate opposite chamber/conference committee amendments.
9+ *sb0202*
810
9-Public Safety – Statewide DNA Database System, DNA Collection, and Penalties
10-– Alterations
11+SENATE BILL 202
12+E4 (5lr0095)
13+ENROLLED BILL
14+— Judicial Proceedings/Judiciary —
15+Introduced by Chair, Judicial Proceedings Committee (By Request – Departmental
16+– State Police)
1117
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.
18+Read and Examined by Proofreaders:
2219
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)
20+_______________________________________________
21+Proofreader.
22+_______________________________________________
23+Proofreader.
2824
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)
25+Sealed with the Great Seal and presented to the Governor, for his approval this
3426
35- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
36-That the Laws of Maryland read as follows:
27+_______ day of _______________ at ________________________ o’clock, ________M.
3728
38-Article – Public Safety
29+______________________________________________
30+President.
3931
40-2–501.
32+CHAPTER ______
4133
42- (a) In this subtitle the following words have the meanings indicated.
34+AN ACT concerning 1
4335
44- (b) “Burglary” includes the crimes enumerated in §§ 6–202, 6–203, and 6–204 of
45-the Criminal Law Article.
36+Public Safety – Statewide DNA Database System, DNA Collection, and Penalties 2
37+– Alterations 3
4638
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. 92 2025 LAWS OF MARYLAND
39+FOR the purpose of requiring a certain DNA sample to be collected in a certain manner 4
40+from an individual who is required to register as a sex offender; requiring a DNA 5
41+sample to be collected by a certain individual or at a certain location under certain 6
42+circumstances; requiring a custodial agency or correctional facility to ensure a DNA 7
43+sample is collected in a certain manner; prohibiting a DNA sample from being tested 8
44+and placed in a certain statewide DNA database system until certain conditions are 9
45+met; prohibiting an individual from refusing to provide a DNA sample as required 10
46+for collection in the database system; requiring certain DNA samples or DNA records 11
47+to be destroyed and expunged under certain circumstances; and generally relating 12
48+to the statewide DNA database system and the collection of DNA samples. 13
49+ 2 SENATE BILL 202
5050
51-– 2 –
5251
53- (2) “CODIS” includes the national DNA index administered and operated
54-by the Federal Bureau of Investigation.
52+BY repealing and reenacting, without amendments, 1
53+ Article – Public Safety 2
54+ Section 2–501 3
55+ Annotated Code of Maryland 4
56+ (2022 Replacement Volume and 2024 Supplement) 5
5557
56- (d) “Crime Laboratory” means the Forensic Sciences Division of the Department.
58+BY repealing and reenacting, with amendments, 6
59+ Article – Public Safety 7
60+ Section 2–504 and 2–511 8
61+ Annotated Code of Maryland 9
62+ (2022 Replacement Volume and 2024 Supplement) 10
5763
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.
64+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
65+That the Laws of Maryland read as follows: 12
6066
61- (2) “Crime of violence” does not include mayhem.
67+Article – Public Safety 13
6268
63- (f) “Director” means the Director of the Crime Laboratory or the Director’s
64-designee.
69+2–501. 14
6570
66- (g) “DNA” means deoxyribonucleic acid.
71+ (a) In this subtitle the following words have the meanings indicated. 15
6772
68- (h) (1) “DNA record” means DNA information stored in CODIS or the
69-statewide DNA database system.
73+ (b) “Burglary” includes the crimes enumerated in §§ 6–202, 6–203, and 6–204 of 16
74+the Criminal Law Article. 17
7075
71- (2) “DNA record” includes the information commonly referred to as a DNA
72-profile.
76+ (c) (1) “CODIS” means the Federal Bureau of Investigation’s “Combined DNA 18
77+Index System” that allows the storage and exchange of DNA records submitted by federal, 19
78+state, and local forensic DNA laboratories. 20
7379
74- (i) “DNA sample” means a body fluid or tissue sample that is:
80+ (2) “CODIS” includes the national DNA index administered and operated 21
81+by the Federal Bureau of Investigation. 22
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+ (d) “Crime Laboratory” means the Forensic Sciences Division of the Department. 23
7884
79- (2) provided by an individual who is charged with:
85+ (e) (1) Except as provided in paragraph (2) of this subsection, “crime of 24
86+violence” has the meaning stated in § 14–101 of the Criminal Law Article. 25
8087
81- (i) a crime of violence or an attempt to commit a crime of violence;
82-or
88+ (2) “Crime of violence” does not include mayhem. 26
8389
84- (ii) burglary or an attempt to commit burglary; or
90+ (f) “Director” means the Director of the Crime Laboratory or the Director’s 27
91+designee. 28
8592
86- (3) submitted to the statewide DNA database system for testing as part of
87-a criminal investigation.
93+ (g) “DNA” means deoxyribonucleic acid. 29
8894
89- (j) “Statewide DNA database system” means the DNA record system
90-administered by the Department for identification purposes.
95+ (h) (1) “DNA record” means DNA information stored in CODIS or the 30
96+statewide DNA database system. 31
97+ SENATE BILL 202 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. 92
100+ (2) “DNA record” includes the information commonly referred to as a DNA 1
101+profile. 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+ (i) “DNA sample” means a body fluid or tissue sample that is: 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+ (1) provided by an individual who is convicted of a felony or a violation of § 4
106+6–205 or § 6–206 of the Criminal Law Article; 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+ (2) provided by an individual who is charged with: 6
108109
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.
110+ (i) a crime of violence or an attempt to commit a crime of violence; 7
111+or 8
113112
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:
113+ (ii) burglary or an attempt to commit burglary; or 9
116114
117- 1. a crime of violence or an attempt to commit a crime of
118-violence; or
115+ (3) submitted to the statewide DNA database system for testing as part of 10
116+a criminal investigation. 11
119117
120- 2. burglary or an attempt to commit burglary.
118+ (j) “Statewide DNA database system” means the DNA record system 12
119+administered by the Department for identification purposes. 13
121120
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.
121+ (k) “Statewide DNA repository” means the State repository of DNA samples 14
122+collected under this subtitle. 15
126123
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.
124+2–504. 16
131125
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.
126+ (a) (1) In accordance with regulations adopted under this subtitle, an 17
127+individual who is convicted of a felony or a violation of § 6–205 or § 6–206 of the Criminal 18
128+Law Article shall: 19
136129
137- (b) In accordance with regulations adopted under this subtitle, each DNA sample
138-required to be collected under this section shall be collected:
130+ (i) have a DNA sample collected either at the time of sentence or on 20
131+intake to a correctional facility, if the individual is sentenced to a term of imprisonment; or 21
139132
140- (1) BY AN INDIVIDUAL WHO IS:
133+ (ii) provide a DNA sample as a condition of sentence or probation, if 22
134+the individual is not sentenced to a term of imprisonment. 23
141135
142- (I) DESIGNATED BY THE DIRECTOR; AND
143- Ch. 92 2025 LAWS OF MARYLAND
136+ (2) An individual who was convicted of a felony or a violation of § 6–205 or 24
137+§ 6–206 of the Criminal Law Article on or before October 1, 2003 and who remains confined 25
138+in a correctional facility on or after October 1, 1999, shall submit a DNA sample to the 26
139+Department. 27
144140
145-– 4 –
146- (II) TRAINED IN THE COLLE CTION PROCEDURES THA T THE
147-CRIME LABORATORY USES ; AND
141+ (3) (i) In accordance with regulations adopted under this subtitle, a 28
142+DNA sample shall be collected from an individual who is charged with: 29
148143
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;
144+ 1. a crime of violence or an attempt to commit a crime of 30
145+violence; or 31
146+ 4 SENATE BILL 202
152147
153- (II) AFTER A CONVICTION O F A QUALIFYING CRIME UNDER
154-SUBSECTION (A)(1) OF THIS SECTION:
155148
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;
149+ 2. burglary or an attempt to commit burglary. 1
160150
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
151+ (ii) At the time of collection of the DNA sample under this 2
152+paragraph, the individual from whom a sample is collected shall be given notice that the 3
153+DNA record may be expunged and the DNA sample destroyed in accordance with § 2–511 4
154+of this subtitle. 5
163155
164- [(4)] 3. at a suitable location in a circuit court following the
165-imposition of sentence; OR
156+ (iii) DNA evidence collected from a crime scene or collected as 6
157+evidence of sexual assault at a hospital that a law enforcement investigator considers 7
158+relevant to the identification or exoneration of a suspect shall be tested as soon as 8
159+reasonably possible following collection of the sample. 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+ (4) AN INDIVIDUAL REQUIRE D TO REGISTER AS A S EX OFFENDER 10
162+UNDER § 11–704 OF THE CRIMINAL PROCEDURE ARTICLE SHALL HAVE A DNA 11
163+SAMPLE COLLECTED B Y THE SUPERVISING AU THORITY WHERE THE IN DIVIDUAL IS 12
164+INITIALLY REQUIRED T O REGISTER. 13
171165
172- [(c) A DNA sample shall be collected by an individual who is:
166+ (b) In accordance with regulations adopted under this subtitle, each DNA sample 14
167+required to be collected under this section shall be collected: 15
173168
174- (1) designated by the Director; and
169+ (1) BY AN INDIVIDUAL WH O IS: 16
175170
176- (2) trained in the collection procedures that the Crime Laboratory uses.]
171+ (I) DESIGNATED BY THE DIRECTOR; AND 17
177172
178- (C) BEFORE RELEASING AN INDIVIDUA L FROM CUSTODY , 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+ (II) TRAINED IN THE COLLE CTION PROCEDURES THA T THE 18
174+CRIME LABORATORY USES ; AND 19
181175
182- (d) (1) THIS SUBSECTION DOES NOT APPLY TO A DNA SAMPLE
183-COLLECTED AS A RESU LT OF A PROBABLE CAU SE DETERMINATION MAD E BY, OR AN
184-ARREST WARRANT ISSUE D BY, A COMMISSIONER OF TH E DISTRICT COURT UNLESS
185-THE DETERMINATION IS MADE OR THE ARREST W ARRANT IS ISSUED BAS ED ON A
186-STATEMENT OF CHARGES FILED BY:
176+ (2) (I) at the time the individual is charged, [at a facility specified by 20
177+the Secretary] BY AN EMPLOYEE OF A BOOKING FACI LITY OR THE ARRESTIN G 21
178+AGENCY; 22
187179
188- (I) A POLICE OFFICER , AS DEFINED IN § 3–301 OF THIS
189-ARTICLE; OR WES MOORE, Governor Ch. 92
180+ (II) AFTER A CONVICTION O F A QUALIFYING CRIME UNDER 23
181+SUBSECTION (A)(1) OF THIS SECTION: 24
190182
191-– 5 –
183+ [(2)] 1. BY AN EMPLOYEE OF A CORRECTIONAL FACILIT Y AT 25
184+THE TIME OF INTAKE at the correctional facility where the individual is confined, if the 26
185+individual is confined in a correctional facility on or after October 1, 2003, or is sentenced 27
186+to a term of imprisonment on or after October 1, 2003; 28
192187
193- (II) A STATE’S ATTORNEY IN THIS SUBSECTION , “POLICE
194-OFFICER” HAS THE MEANING STAT ED IN § 3–301 OF THIS ARTICLE.
188+ [(3)] 2. at a facility specified by the Director, if the individual is 29
189+on probation or is not sentenced to a term of imprisonment; or 30
195190
196- (2) A DNA sample collected from an individual charged with a crime under
197-subsection (a)(3) of this section may not ONLY be tested or placed in the statewide DNA
198-database system [prior to the first scheduled arraignment date]:
191+ [(4)] 3. at a suitable location in a circuit court following the 31
192+imposition of sentence; OR 32
193+ SENATE BILL 202 5
199194
200- (I) UNTIL IF:
201195
202- 1. A DETERMINATION IS M ADE BY A JUDGE OR
203-COMMISSIONER OF THE DISTRICT COURT OR A JUDGE OF T HE CIRCUIT COURT ,
204-BASED ON AN APPLICAT ION FOR A STATEMENT OF CHARGES FILED BY A POLICE
205-OFFICER OR A STATE’S ATTORNEY, THAT PROBABLE CAUSE EXISTS FOR A
206-QUALIFYING CRIME IN ACCORDANCE WITH T HE MARYLAND RULES;
196+ (III) AT THE TIME OF REGIS TRATION AS A SEX OFF ENDER UNDER 1
197+§ 11–704 OF THE CRIMINAL PROCEDURE ARTICLE, BY THE SUPERVISING 2
198+AUTHORITY WHERE THE INDIVIDUAL IS INITIA LLY REQUIRED TO REGI STER, IF 3
199+APPLICABLE. 4
207200
208- 2. THE INDIVIDUAL HAS B EEN ARRESTED FOR A
209-QUALIFYING CHARGE CRIME IN ACCORDANCE WITH A N ARREST WARRANT BASED ON
210-AN APPLICATION FOR A STATEMENT OF CHARGES FILED BY A POLICE OF FICER OR A
211-STATE’S ATTORNEY;
201+ [(c) A DNA sample shall be collected by an individual who is: 5
212202
213- 3. AN INFORMATION IS FI LED BY A STATE’S ATTORNEY
214-FOR A QUALIFYING CRI ME IN ACCORDANCE WIT H § 4–102 OF THE CRIMINAL
215-PROCEDURE ARTICLE; OR
203+ (1) designated by the Director; and 6
216204
217- 4. AN INDICTMENT IS RET URNED BY A GRAND JUR Y
218-CHARGING THE INDIVID UAL WITH A QUALIFYIN G CRIME; OR
205+ (2) trained in the collection procedures that the Crime Laboratory uses.] 7
219206
220- (II) unless requested or consented to by the individual as provided in
221-paragraph (3) (4) of this subsection.
207+ (C) BEFORE RELEASING AN I NDIVIDUAL FROM CUSTO DY, THE CUSTODIAL 8
208+AGENCY OR CORRECTION AL FACILITY SHALL EN SURE THAT THE INDIVI DUAL’S DNA 9
209+SAMPLE HAS BEEN COLL ECTED IN ACCORDANCE WITH THIS SECTION. 10
222210
223- (2) (3) If all qualifying criminal charges are determined to be
224-unsupported by probable cause:
211+ (d) (1) THIS SUBSECTION DOES NOT APPLY TO A DNA SAMPLE 11
212+COLLECTED AS A RESUL T OF A PROBABLE CAUS E DETERMINATION MADE BY, OR AN 12
213+ARREST WARRANT ISSUE D BY, A COMMISSIONER OF TH E DISTRICT COURT UNLESS 13
214+THE DETERMINATION IS MADE OR THE ARREST W ARRANT IS ISSUED BASED ON A 14
215+STATEMENT OF CHARGES FILED BY: 15
225216
226- (i) the DNA sample shall be immediately destroyed; and
217+ (I) A POLICE OFFICER , AS DEFINED IN § 3–301 OF THIS 16
218+ARTICLE; OR 17
227219
228- (ii) notice shall be sent to the defendant and counsel of record for the
229-defendant that the sample was destroyed.
220+ (II) A STATE’S ATTORNEY IN THIS SUBSECTION , “POLICE 18
221+OFFICER” HAS THE MEANING STAT ED IN § 3–301 OF THIS ARTICLE. 19
230222
231- (3) (4) An individual may request or consent to have the individual’s
232-DNA sample processed prior to [arraignment] A PROBABLE CAUSE DET ERMINATION for
233-the sole purpose of having the sample checked against a sample that:
223+ (2) A DNA sample collected from an individual charged with a crime under 20
224+subsection (a)(3) of this section may not ONLY be tested or placed in the statewide DNA 21
225+database system [prior to the first scheduled arraignment date]: 22
234226
235- (i) has been processed from the crime scene or the hospital; and Ch. 92 2025 LAWS OF MARYLAND
227+ (I) UNTIL IF: 23
236228
237-– 6 –
229+ 1. A DETERM INATION IS MADE BY A JUDGE OR 24
230+COMMISSIONER OF THE DISTRICT COURT OR A JUDGE OF T HE CIRCUIT COURT , 25
231+BASED ON AN APPLICAT ION FOR A STATEMENT OF CHARGES FILED BY A POLICE 26
232+OFFICER OR A STATE’S ATTORNEY, THAT PROBABLE CAUSE EXISTS FOR A 27
233+QUALIFYING CRIME IN ACCORDANCE WITH THE MARYLAND RULES; 28
238234
239- (ii) is related to the charges against the individual.
235+ 2. THE INDIVIDUAL HAS B EEN ARRESTED FOR A 29
236+QUALIFYING CHARGE CRIME IN ACCORDANCE WITH A N ARREST WARRANT BASED ON 30
237+AN APPLICATION FOR A STATEMENT OF CHARGES FILED BY A POLICE OF FICER OR A 31
238+STATE’S ATTORNEY; 32
239+ 6 SENATE BILL 202
240240
241- (e) A second DNA sample shall be taken if needed to obtain sufficient DNA for
242-the statewide DNA database system or if ordered by the court for good cause shown.
243241
244- (f) Failure of an individual who is not sentenced to a term of imprisonment to
245-provide a DNA sample within 90 days after notice by the Director is a violation of probation.
242+ 3. AN INFORMATION IS FI LED BY A STATE’S ATTORNEY 1
243+FOR A QUALIFYING CRI ME IN ACCORDANCE WIT H § 4–102 OF THE CRIMINAL 2
244+PROCEDURE ARTICLE; OR 3
246245
247- (G) (1) AN INDIVIDUAL MAY NOT REFUSE TO PROVIDE A DNA SAMPLE IN
248-ACCORDANCE WITH THIS SECTION.
246+ 4. AN INDICTMENT IS RET URNED BY A GRAND JUR Y 4
247+CHARGING THE INDIVID UAL WITH A QUALIFYIN G CRIME; OR 5
249248
250- (2) AN INDIVIDUAL WHO VIO LATES PARAGRAPH (1) OF THIS
251-SUBSECTION IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUB JECT TO A
252-FINE NOT EXCEEDING $10,000 $1,000.
249+ (II) unless requested or consented to by the individual as provided in 6
250+paragraph (3) (4) of this subsection. 7
253251
254- (H) (1) AN EMPLOYEE WHO ATTEM PTS TO COLLECT A DNA SAMPLE IN
255-ACCORDANCE WITH THIS SECTION, BUT IS UNABLE TO COLLECT THE SAMPLE
256-BECAUSE THE INDIVIDU AL WHO IS REQUIRED T O SUBMIT THE SAMPLE REFUSES TO
257-DO SO, SHALL BE DEEMED TO H AVE DISCHARGED THE E MPLOYEE’S DUTY UNDER
258-THIS SECTION.
252+ (2) (3) If all qualifying criminal charges are determined to be 8
253+unsupported by probable cause: 9
259254
260- (2) A REFUSAL TO SUBMIT A DNA SAMPLE AS REQUIRED U NDER THIS
261-SECTION SHA LL BE REFERRED TO TH E STATE’S ATTORNEY’S OFFICE FOR
262-PROSECUTION UNDER SU BSECTION (G) OF THIS SECTION.
255+ (i) the DNA sample shall be immediately destroyed; and 10
263256
264-2–511.
257+ (ii) notice shall be sent to the defendant and counsel of record for the 11
258+defendant that the sample was destroyed. 12
265259
266- (a) (1) Except as provided in paragraph [(2)] (3) of this subsection, [any] AN
267-INDIVIDUAL’S DNA samples and records [generated as part of a criminal investigation or
268-prosecution] THAT ARE COLLECTED I N ACCORDANCE WITH § 2–504(A)(3) OF THIS
269-SUBTITLE shall be destroyed [or] AND expunged automatically from the [State]
270-STATEWIDE DNA database SYSTEM if:
260+ (3) (4) An individual may request or consent to have the individual’s 13
261+DNA sample processed prior to [arraignment] A PROBABLE CAUSE DET ERMINATION for 14
262+the sole purpose of having the sample checked against a sample that: 15
271263
272- (i) a criminal action begun against the individual relating to the
273-crime does not result in a conviction of the individual;
264+ (i) has been processed from the crime scene or the hospital; and 16
274265
275- (ii) the conviction is finally reversed or vacated and no new trial is
276-permitted; or
266+ (ii) is related to the charges against the individual. 17
277267
278- (iii) the individual is granted an unconditional pardon.
268+ (e) A second DNA sample shall be taken if needed to obtain sufficient DNA for 18
269+the statewide DNA database system or if ordered by the court for good cause shown. 19
279270
280- (2) EXCEPT AS PROVI DED IN PARAGRAPH (3) OF THIS SUBSECTION , A
281-DNA SAMPLE COLLECTED , BUT NOT TESTED , FROM AN INDIVIDUAL C HARGED WITH WES MOORE, Governor Ch. 92
271+ (f) Failure of an individual who is not sentenced to a term of imprisonment to 20
272+provide a DNA sample within 90 days after notice by the Director is a violation of probation. 21
282273
283-– 7 –
284-A CRIME UNDER § 2–504(A)(3) OF THIS SUBTITLE SHA LL BE DESTROYED AND
285-EXPUNGED IF:
274+ (G) (1) AN INDIVIDUAL MAY NOT REFUSE TO PROVIDE A DNA SAMPLE IN 22
275+ACCORDANCE WITH THIS SECTION. 23
286276
287- (I) AT LEAST 2 YEARS HAVE PASSED FR OM THE DATE OF
288-COLLECTION OF THE DNA SAMPLE; AND
277+ (2) AN INDIVIDUAL WHO VIO LATES PARAGRAPH (1) OF THIS 24
278+SUBSECTION IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUB JECT TO A 25
279+FINE NOT EXCEEDING $10,000 $1,000. 26
289280
290- (II) THE DNA SAMPLE FAILED TO MEE T THE REQUIREMENTS
291-FOR TESTING.
281+ (H) (1) AN EMPLOYEE WHO ATTEM PTS TO COLLECT A DNA SAMPLE IN 27
282+ACCORDANCE WITH THIS SECTION, BUT IS UNABLE TO COLLECT THE SAMPLE 28
283+BECAUSE THE INDIVIDU AL WHO IS REQUIRED T O SUBMIT THE SAMPLE REFUSES TO 29
284+DO SO, SHALL BE DEEMED TO H AVE DISCHARGED THE E MPLOYEE’S DUTY UNDER 30
285+THIS SECTION. 31
286+ SENATE BILL 202 7
292287
293- [(2)] (3) A DNA sample or DNA record may not be destroyed or expunged
294-automatically from the [State] STATEWIDE DNA database SYSTEM if:
295288
296- (I) the criminal action is put on the stet docket [or];
289+ (2) A REFUSAL TO SUBMIT A DNA SAMPLE AS REQUIRED U NDER THIS 1
290+SECTION SHALL BE REFERRED TO THE STATE’S ATTORNEY’S OFFICE FOR 2
291+PROSECUTION UNDER SU BSECTION (G) OF THIS SECTION. 3
297292
298- (II) the individual receives probation before judgment; OR
293+2–511. 4
299294
300- (III) THE TRIAL FOR A QUAL IFYING CHARGE UNDER §
301-2–504(A)(3) OF THIS SUBTITLE REM AINS PENDING FOR ANY REASON.
295+ (a) (1) Except as provided in paragraph [(2)] (3) of this subsection, [any] AN 5
296+INDIVIDUAL’S DNA samples and records [generated as part of a criminal investigation or 6
297+prosecution] THAT ARE COLLECTED I N ACCORDANCE WITH § 2–504(A)(3) OF THIS 7
298+SUBTITLE shall be destroyed [or] AND expunged automatically from the [State] 8
299+STATEWIDE DNA database SYSTEM if: 9
302300
303- (b) If the DNA sample or DNA record was obtained or generated only in
304-connection with a case in which eligibility for expungement has been established, the DNA
305-sample shall be destroyed and the DNA record shall be expunged.
301+ (i) a criminal action begun against the individual relating to the 10
302+crime does not result in a conviction of the individual; 11
306303
307- (c) Any DNA record expunged in accordance with this section shall be expunged
308-from every database into which it has been entered, including local, State, and federal
309-databases.
304+ (ii) the conviction is finally reversed or vacated and no new trial is 12
305+permitted; or 13
310306
311- (d) An expungement or destruction of sample under this section shall occur within
312-60 days of an event listed in subsection (a) of this section.
307+ (iii) the individual is granted an unconditional pardon. 14
313308
314- (e) [A letter] WRITTEN NOTICE documenting expungement of the DNA record
315-and destruction of the DNA sample shall, IN ACCORDANCE WITH R EGULATIONS
316-ADOPTED BY THE DIRECTOR, be sent by the Director to the defendant and the
317-defendant’s attorney at the address specified by the court in the order of expungement.
309+ (2) EXCEPT AS PROVI DED IN PARAGRAPH (3) OF THIS SUBSECTION , A 15
310+DNA SAMPLE COLLECTED , BUT NOT TESTED , FROM AN INDIVIDUAL C HARGED WITH 16
311+A CRIME UNDER § 2–504(A)(3) OF THIS SUBTITLE SHA LL BE DESTROYED AND 17
312+EXPUNGED IF: 18
318313
319- (f) A record or sample that qualifies for expungement or destruction under this
320-section and is matched concurrent with or subsequent to the date of qualification for
321-expungement:
314+ (I) AT LEAST 2 YEARS HAVE PASSED FR OM THE DATE OF 19
315+COLLECTION OF THE DNA SAMPLE; AND 20
322316
323- (1) may not be utilized for a determination of probable cause regardless of
324-whether it is expunged or destroyed timely; and
317+ (II) THE DNA SAMPLE FAILED TO MEE T THE REQUIREMENTS 21
318+FOR TESTING. 22
325319
326- (2) is not admissible in any proceeding for any purpose.
327- Ch. 92 2025 LAWS OF MARYLAND
320+ [(2)] (3) A DNA sample or DNA record may not be destroyed or expunged 23
321+automatically from the [State] STATEWIDE DNA database SYSTEM if: 24
328322
329-– 8 –
330- (g) The Director shall adopt [procedures] REGULATIONS to comply with this
331-section.
323+ (I) the criminal action is put on the stet docket [or]; 25
332324
333- SECTION 2. AND BE IT FURTHER ENACTED, That:
325+ (II) the individual receives probation before judgment; OR 26
334326
335- (a) (1) In this section the following words have the meanings indicated.
327+ (III) THE TRIAL FOR A QUAL IFYING CHARGE UNDER § 27
328+2–504(A)(3) OF THIS SUBTITLE REM AINS PENDING FOR ANY REASON. 28
336329
337- (2) “DNA sample” has the meaning stated in § 2–501 of the Public Safety
338-Article.
330+ (b) If the DNA sample or DNA record was obtained or generated only in 29
331+connection with a case in which eligibility for expungement has been established, the DNA 30
332+sample shall be destroyed and the DNA record shall be expunged. 31
333+ 8 SENATE BILL 202
339334
340- (3) “Statewide DNA database system” has the meaning stated in § 2–501
341-of the Public Safety Article.
342335
343- (b) For any DNA sample collected in accordance with § 2–504(a)(3) of the Public
344-Safety Article before the effective date of this Act, the Forensic Sciences Division in the
345-Department of State Police shall, on or before October 1, 2028, destroy and expunge the
346-record of any DNA sample that has not been tested or placed in the statewide DNA
347-database system on or before November 1, 2027, because the DNA sample failed to meet
348-the requirements of Title 2, Subtitle 5 of the Public Safety Article, as that subtitle existed
349-before the effective date of this Act.
336+ (c) Any DNA record expunged in accordance with this section shall be expunged 1
337+from every database into which it has been entered, including local, State, and federal 2
338+databases. 3
350339
351- SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
352-October 1, 2025.
340+ (d) An expungement or destruction of sample under this section shall occur within 4
341+60 days of an event listed in subsection (a) of this section. 5
353342
354-Approved by the Governor, April 8, 2025.
343+ (e) [A letter] WRITTEN NOTICE documenting expungement of the DNA record 6
344+and destruction of the DNA sample shall, IN ACCORDANCE WITH R EGULATIONS 7
345+ADOPTED BY THE DIRECTOR, be sent by the Director to the defendant and the 8
346+defendant’s attorney at the address specified by the court in the order of expungement. 9
347+
348+ (f) A record or sample that qualifies for expungement or destruction under this 10
349+section and is matched concurrent with or subsequent to the date of qualification for 11
350+expungement: 12
351+
352+ (1) may not be utilized for a determination of probable cause regardless of 13
353+whether it is expunged or destroyed timely; and 14
354+
355+ (2) is not admissible in any proceeding for any purpose. 15
356+
357+ (g) The Director shall adopt [procedures] REGULATIONS to comply with this 16
358+section. 17
359+
360+ SECTION 2. AND BE IT FURTHER ENACTED, That: 18
361+
362+ (a) (1) In this section the following words have the meanings indicated. 19
363+
364+ (2) “DNA sample” has the meaning stated in § 2–501 of the Public Safety 20
365+Article. 21
366+
367+ (3) “Statewide DNA database system” has the meaning stated in § 2–501 22
368+of the Public Safety Article. 23
369+
370+ (b) For any DNA sample collected in accordance with § 2–504(a)(3) of the Public 24
371+Safety Article before the effective date of this Act, the Forensic Sciences Division in the 25
372+Department of State Police shall, on or before October 1, 2028, destroy and expunge the 26
373+record of any DNA sample that has not been tested or placed in the statewide DNA 27
374+database system on or before November 1, 2027, because the DNA sample failed to meet 28
375+the requirements of Title 2, Subtitle 5 of the Public Safety Article, as that subtitle existed 29
376+before the effective date of this Act. 30
377+
378+ SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 31
379+October 1, 2025. 32