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§ 17-101. Definitions

West's Annotated Code of MarylandCriminal ProcedureEffective: April 12, 2022 to September 30, 2022

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 17. Forensic Genealogy (Refs & Annos)
Effective: April 12, 2022 to September 30, 2022
MD Code, Criminal Procedure, § 17-101
§ 17-101. Definitions
In general
(a) In this title the following words have the meanings indicated.
CODIS
(b) “CODIS” has the meaning stated in § 2-501 of the Public Safety Article.
Direct-to-consumer genetic genealogy services
(c) “Direct-to-consumer genetic genealogy services” means genetic genealogy services that are offered by private companies directly to members of the public and law enforcement agencies rather than through clinical health care providers, typically via customer access to secure online websites.
FGG profile
(d) “FGG profile” means a genetic profile using SNPs or other sequencing methods generated from a forensic or reference sample by a laboratory for the purpose of conducting an FGGS.
“Forensic genetic genealogical DNA analysis and search” or “FGGS”
(e) “Forensic genetic genealogical DNA analysis and search” or “FGGS” means:
(1) the forensic genetic genealogical DNA analysis of biological material using SNP or other sequencing techniques to develop an FGG profile;
(2) a subsequent search using the FGG profile in a publicly available open-data personal genomics database or a direct-to-consumer genetic genealogy service to find individuals related to the source of the FGG profile; and
(3) a genealogical search using public records and other lawful means to obtain information in accordance with this title.
Forensic sample
(f)(1) “Forensic sample” means biological material reasonably believed by investigators to have been deposited by a putative perpetrator and that was collected from a crime scene or a person, an item, or a location connected to the criminal event.
(2) “Forensic sample” includes biological material from unidentified human remains.
Publicly available open-data personal genomics database
(g) “Publicly available open-data personal genomics database” means a database in which persons voluntarily submit their genomics data or genetic profiles, typically processed through direct-to-consumer genetic genealogy services, for the purposes of comparison or searching against the genetic profiles of other individuals to evaluate potential familial relationships between the reference sample and other service user samples.
Putative perpetrator
(h) “Putative perpetrator” means one or more criminal actors reasonably believed by investigators to have committed the crime under investigation and to be the source of, or a contributor to, a forensic sample deposited during or incident to the commission of a crime.
Reasonable investigative leads
(i) “Reasonable investigative leads” means credible, case-specific facts, information, or circumstances that would lead a reasonably cautious investigator to believe that the pursuit would have a fair probability of identifying a putative perpetrator.
Reference sample
(j) “Reference sample” means biological material from a known source.
“Single-nucleotide polymorphisms” or “SNPs”
(k)(1) “Single-nucleotide polymorphisms” or “SNPs” means DNA sequence variations that occur when a single nucleotide (A, T, G, or C) in a genomic sequence varies.
(2) “Single-nucleotide polymorphisms” includes variations that may be used to distinguish people for purposes of biological relationship testing.
STR DNA profile
(l) “STR DNA profile” means a genetic profile that examines genetic locations on the non-sex chromosomes that are used for the statewide DNA database system or the national DNA database system.
Third party
(m) “Third party” means a person who is not a suspect in the investigation.

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.
MD Code, Criminal Procedure, § 17-101, MD CRIM PROC § 17-101
Current through all legislation from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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