Maryland SB 967: Public Safety - Statewide DNA Database System, DNA Collection, and Penalties - Alterations

Bill Text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0967*

SENATE BILL 967
E4, E2 3lr3003

By: Senator Muse
Introduced and read first time: February 28, 2023
Assigned to: Rules

A BILL ENTITLED

AN ACT concerning 1

Public Safety – Statewide DNA Database System, DNA Collection, and Penalties 2
– Alterations 3

FOR the purpose of altering the circumstances in which a certain DNA sample must be 4
collected from an individual charged with or convicted of certain offenses for storage 5
in the statewide DNA database system within the Department of State Police; 6
providing that a DNA sample collected from an individual charged with certain 7
offenses may not be placed in the database system until after a certain time; 8
prohibiting an individual from refusing to provide a DNA sample as required for 9
collection in the database system; and generally relating to the statewide DNA 10
database system and the collection of DNA samples. 11

BY repealing and reenacting, with amendments, 12
Article – Public Safety 13
Section 2–504 14
Annotated Code of Maryland 15
(2022 Replacement Volume) 16

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18

Article – Public Safety 19

2–504. 20

(a) (1) In accordance with regulations adopted under this subtitle, an 21
individual who is convicted of a felony or a violation of § 6–205 or § 6–206 of the Criminal 22
Law Article shall: 23

(i) have a DNA sample collected either at the time of sentence or on 24
intake to a correctional facility, if the individual is sentenced to a term of imprisonment; or 25

2 SENATE BILL 967

(ii) provide a DNA sample as a condition of sentence or probation, if 1
the individual is not sentenced to a term of imprisonment. 2

(2) [An individual who was convicted of a felony or a violation of § 6–205 3
or § 6–206 of the Criminal Law Article on or before October 1, 2003 and who remains 4
confined in a correctional facility on or after October 1, 1999, shall submit a DNA sample 5
to the Department. 6

(3)] (i) In accordance with regulations adopted under this subtitle, a 7
DNA sample shall be collected from an individual who is charged with: 8

1. a crime of violence or an attempt to commit a crime of 9
violence; or 10

2. burglary or an attempt to commit burglary. 11

(ii) At the time of collection of the DNA sample under this 12
paragraph, the individual from whom a sample is collected shall be given notice that the 13
DNA record may be expunged and the DNA sample destroyed in accordance with § 2–511 14
of this subtitle. 15

(iii) DNA evidence collected from a crime scene or collected as 16
evidence of sexual assault at a hospital that a law enforcement investigator considers 17
relevant to the identification or exoneration of a suspect shall be tested as soon as 18
reasonably possible following collection of the sample. 19

(b) (1) [In] SUBJECT TO SUBSECTION (C) OF THIS SECTION AND IN 20
accordance with regulations adopted under this subtitle, FOR EACH INDIVIDUAL 21
CHARGED WITH AN OFFENSE UNDER SUBSECTION (A)(2) OF THIS SECTION, each DNA 22
sample required to be collected under this section shall be collected: 23

[(1) at the time the individual is charged, at a facility specified by the 24
Secretary; 25

(2) at the correctional facility where the individual is confined, if the 26
individual is confined in a correctional facility on or after October 1, 2003, or is sentenced 27
to a term of imprisonment on or after October 1, 2003; 28

(3) at a facility specified by the Director, if the individual is on probation 29
or is not sentenced to a term of imprisonment; or 30

(4) at a suitable location in a circuit court following the imposition of 31
sentence.] 32

SENATE BILL 967 3

(I) FOR AN INDIVIDUAL WHO IS RELEASED AFTER BOOKING, BY 1
A LAW ENFORCEMENT OFFICER OR AN EMPLOYEE OF THE DISTRICT COURT BEFORE 2
THE INDIVIDUAL IS RELEASED; OR 3

(II) FOR AN INDIVIDUAL WHO IS DETAINED AFTER BOOKING, BY 4
AN EMPLOYEE OF A BOOKING FACILITY, DETENTION CENTER, OR CORRECTIONAL 5
FACILITY AT THE TIME OF INTAKE. 6

(2) SUBJECT TO SUBSECTION (C) OF THIS SECTION AND IN 7
ACCORDANCE WITH REGULATIONS ADOPTED UNDER THIS SUBTITLE, FOR EACH 8
INDIVIDUAL CONVICTED OF AN OFFENSE UNDER SUBSECTION (A)(1) OF THIS 9
SECTION, EACH DNA SAMPLE REQUIRED TO BE COLLECTED UNDER THIS SECTION 10
SHALL BE COLLECTED: 11

(I) FOR AN INDIVIDUAL WHO IS SENTENCED TO 12
IMPRISONMENT, BY AN EMPLOYEE OF THE CORRECTIONAL FACILITY AT THE TIME 13
OF INTAKE TO THE CORRECTIONAL FACILITY WHERE THE INDIVIDUAL IS CONFINED; 14

(II) FOR AN INDIVIDUAL WHO IS PLACED ON SUPERVISED 15
PROBATION, BY A PROBATION OFFICER AT THE TIME THE INDIVIDUAL INITIALLY 16
MEETS WITH THE PROBATION OFFICER; OR 17

(III) FOR AN INDIVIDUAL WHO IS PLACED ON UNSUPERVISED 18
PROBATION OR WHOSE SENTENCE REQUIRES THE INDIVIDUAL TO REGISTER AS A 19
SEX OFFENDER UNDER § 11–704 OF THE CRIMINAL PROCEDURE ARTICLE, BY A