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§ 2-508. Availability of DNA profile

West's Annotated Code of MarylandPublic Safety

West's Annotated Code of Maryland
Public Safety (Refs & Annos)
Title 2. Department of State Police (Refs & Annos)
Subtitle 5. Statewide DNA Data Base System (Refs & Annos)
MD Code, Public Safety, § 2-508
Formerly cited as MD CODE Art. 88B, § 12A
§ 2-508. Availability of DNA profile
Currentness
In general
(a)(1) On written or electronic request after verification by the Director that a match has been made in the population database, the typing results and personal identification information of the DNA profile of an individual in the statewide DNA database system may be made available to:
(i) federal, State, or local law enforcement agencies;
(ii) crime laboratories that have been approved by the Director and that serve federal, State, and local law enforcement agencies;
(iii) a State's Attorney's office or other prosecutorial office; and
(iv) a person participating in a judicial proceeding in which the database information may be offered as evidence.
(2) A request for DNA information under paragraph (1) of this subsection must be in furtherance of a purpose set forth in § 2-505 of this subtitle.
Availability to defendant
(b)(1) The typing results and personal identification information of the DNA profile of an individual in the statewide DNA database system shall be made available to a defendant or defendant's counsel on written order of the court in which the case is pending.
(2) A search of the database to determine the existence of a match to DNA obtained from crime scene evidence taken in relation to the crime for which a defendant is charged shall be conducted if:
(i) the defendant requests the search; and
(ii) a court issues a written order for the search.
(3) This subtitle does not limit a court from ordering discovery of a DNA record or other related material in a criminal case.
(4) The Director shall maintain a file of all orders issued under this subsection.

Credits

Added by Acts 2003, c. 5, § 2, eff. Oct. 1, 2003.
MD Code, Public Safety, § 2-508, MD PUBLIC SAFETY § 2-508
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document