Md. Code Regs. 29.05.01.02

Current through Register Vol. 51, No. 22, November 1, 2024

Section 29.05.01.02 - Introduction

A. Scope.

(1) This chapter governs only the collection, submission, receipt, identification, testing, storage, and disposal of DNA samples from individuals arrested and charged or convicted, or both, for various specified crimes and the entry of the samples into the State DNA Data Base System and CODIS pursuant to Public Safety Article, § 2-501 et seq., Annotated Code of Maryland. This chapter does not govern evidentiary, suspect, and forensic samples otherwise legally obtained, whether by search warrant, court order, consent, or other method except as specifically provided in Regulation .16 of this chapter.

(2) If an individual is suspected of committing a crime and a law enforcement agency wishes to obtain a DNA sample from the suspect to compare to evidence collected at a crime scene, and obtains court authorization to collect the DNA sample at the time of arrest, this sample is not one collected pursuant to this chapter and is not, therefore, handled in accordance with this chapter.

(3) As noted in §A(2) of this regulation, if an individual's DNA sample is collected pursuant to a court authorization, such as a search warrant or court order, at the time of the individual's arrest, another DNA sample shall also be taken upon charging if the arrest is for a qualifying crime as set forth in this chapter. This DNA data base sample shall be handled in accordance with the terms of this chapter, including the time of taking, analyzing, and expungement, if applicable.

(4) If an individual's DNA sample is taken pursuant to court authorization and not due to the individual's being arrested and charged for a qualifying crime under this chapter, the regulations concerning collection, analysis, use, and expungement are not applicable.

(5) Only DNA data base samples that are required to be taken pursuant to Public Safety Article, § 2-501 et seq., Annotated Code of Maryland, are subject to the terms and requirements of this chapter except as specifically provided in Regulation .06 of this chapter.

B. The Secretary, after consulting with the Director, shall establish policies and procedures for:

(1) The collection, submission, identification, analysis, storage, and disposal of DNA samples provided by an arrestee or an individual convicted of a qualifying crime; and

(2) Access to the dissemination of typing results and personal identification information of samples that are submitted under Regulations .11 and .12 of this chapter.

C. The Director, upon consulting with the Secretary, shall establish policies and procedures for a centrally located Statewide DNA Data Base System and Statewide DNA repository.

D. The Crime Laboratory shall:

(1) Receive DNA samples for testing, classification, and storage;

(2) File the DNA record of identification characteristic profiles of each DNA sample submitted to the Laboratory; and

(3) Make information relating to DNA samples and DNA records available to other agencies and individuals as authorized in Regulations .11 and .12 of this chapter.

Md. Code Regs. 29.05.01.02

Regulation .02A amended effective October 19, 2009 (36:21 Md. R. 1594)