Section 17-105 – Annual Report by Governor’s Office of Crime Prevention, Youth, and Victim Services — Items Included — Review and Policy Recommendations
(a) On or before June 1 annually, the Governor’s Office of Crime Prevention, Youth, and Victim Services shall submit a publicly available report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly, that shall include, for the preceding calendar year: (1) the number of requests for FGGS made, broken […]
Section 16-303 – Regional Advisory Boards
(a) There are four regional advisory boards of the Office. (b) Each regional advisory board consists of five members appointed by the Governor. (c) Of the four regional advisory boards: (1) the first shall advise public defender districts one, eight, and nine, which encompass Baltimore City, Baltimore County, and Harford County; (2) the second shall advise public defender districts two […]
Section 16-304 – Duties of Regional Advisory Boards
Each regional advisory board shall: (1) study and observe the operation of district public defender offices; and (2) advise the Public Defender and district public defenders on panels of attorneys, fees, and other matters about the operation of district public defender offices and the public defender system.
Section 16-401 – Annual Report of Public Defender
(a) On or before September 30 of each year, the Public Defender shall submit a report to: (1) the Board of Trustees; (2) the Governor; and (3) in accordance with § 2–1257 of the State Government Article, the General Assembly. (b) The report shall include: (1) pertinent data about the operations of the Office, including projected needs, a breakdown of the […]
Section 16-402 – Appropriations
Funds for carrying out this title shall be as provided in the State budget.
Section 16-403 – Severability
(a) The provisions of this title are severable. (b) The invalidity of a provision of this title does not affect other provisions that can be given effect without the invalid provision.
Section 17-101 – Definitions
(a) In this title the following words have the meanings indicated. (b) “CODIS” has the meaning stated in § 2–501 of the Public Safety Article. (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 […]
Section 17-102 – Judicial Authorization Required for Forensic Genetic Genealogical Dna Analysis and Search — Sworn Affidavit by Law Enforcementagent — Limited Use of Biological Samples — Fggs Limited to Open-Data Personal Genomics Database — Licensing of Laboratory — Informed Consent — Putative Perpetratorsof Crime — Destruction of Samples — Private Right of Action — Exclusion or Suppression of Evidence
(a) (1) FGGS may not be initiated without judicial authorization and without certifying before the court that the forensic sample and the criminal case satisfy the criteria set forth in this section. (2) If an FGGS is certified before a court in accordance with this section, the court shall authorize the initiation of the FGGS. (b) A sworn affidavit […]
Section 17-103 – Judicial Authorization for Fggs Sought by Charged Defendant or Convicted Defendant Seeking Postconviction Dna Testing — Dna Samples From Putative Crime Perpetrators — Notice to State — Court Order for Fggs
(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 […]
Section 17-104 – Office of Health Care Quality — Maryland Forensic Laboratory Advisory Committee Disclosure of Genetic Genealogy Prohibited Without Authorization
(a) The Office of Health Care Quality shall establish: (1) a licensing program for laboratories performing SNP or other sequencing based testing on evidence in support of FGGS on or before October 1, 2022; and (2) a licensing program for individuals performing genetic genealogy on or before October 1, 2024. (b) The Office of Health Care Quality shall: (1) develop […]