§ 17-103. Defense or postconviction counsel’s request for DNA testing and FGGS investigation
West's Annotated Code of MarylandCriminal ProcedureEffective: October 1, 2022
Effective: October 1, 2022
MD Code, Criminal Procedure, § 17-103
§ 17-103. Defense or postconviction counsel’s request for DNA testing and FGGS investigation
(a) A defendant in a criminal case charged with a crime of violence under § 14-101 of the Criminal Law Article or a defendant convicted of a crime of violence under § 14-101 of the Criminal Law Article and seeking postconviction DNA testing is entitled to seek judicial authorization for an FGGS by filing an affidavit with a trial court or postconviction court certifying that:
(b)(1) If defense or postconviction counsel determines that one or more persons are putative perpetrators of the crime under investigation and it is necessary to collect a covert DNA sample from the putative perpetrator or a third party:
(ii) subject to paragraph (2) of this subsection, for a covert collection of a DNA sample of a third party, investigative authorities shall provide an affidavit to the court demonstrating that seeking informed consent from a third party creates substantial risk that a putative perpetrator will flee, that essential evidence will be destroyed, or that other imminent or irreversible harm to the investigation will occur;
(v) any covertly collected DNA sample, including SNPs and other genetic profiles or related information, that does not match the STR DNA profile obtained from a forensic sample shall be destroyed and may not be uploaded to any DNA database, including local, state, or federal DNA databases within CODIS, or any DNA database not authorized by local, state, or federal statute; and
(c)(1) The State shall be notified that an application for judicial authorization to conduct an FGGS has been made by defense or postconviction counsel and a copy of the application shall be served on the State at the time the application is filed unless the applicant is also requesting permission from the court to redact certain portions of the application.
(d) The provisions of § 17-102(h) through (k) of this title apply to any FGGS conducted by defense or postconviction counsel.
(e) A court considering an application for an FGGS from a criminal defendant shall issue the order on a showing that testing has the scientific potential to produce exculpatory or mitigating evidence and the defendant has complied with all other requirements of this section.
(f) A court order issued in accordance with subsection (e) of this section shall incorporate all certifications made in subsections (a) through (c) of this section and may describe the specific items of evidence to be tested, designate the specific laboratory facility to be used for the DNA testing, and designate the conditions under which consumptive testing can occur.
Credits
Added by Acts 2021, c. 681, § 1, eff. Oct. 1, 2021; Acts 2021, c. 682, § 1, eff. Oct. 1, 2021. Amended by Acts 2022, c. 135, § 1, eff. April 12, 2022; Acts 2022, c. 501, § 1, eff. Oct. 1, 2022.
MD Code, Criminal Procedure, § 17-103, MD CRIM PROC § 17-103
Current with legislation effective through June 1, 2023, from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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