Maryland Code, PUBLIC SAFETY 2-508
Terms Used In Maryland Code, PUBLIC SAFETY 2-508
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See
(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.
(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.