Md. Code Regs. 29.05.01.01

Current through Register Vol. 51, No. 8, April 19, 2024

Section 29.05.01.01 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Arraignment" means the earlier of the appearance of counsel or the scheduled or actual initial appearance of the defendant before the circuit court pursuant to Maryland Rule 4-213, even if waived by the defendant.

(2) "Arrestee" means an individual required to provide a DNA sample, pursuant to Public Safety Article, § 2-501 et seq., Annotated Code of Maryland, after being charged with:

(a) Burglary or an attempt to commit burglary, or a crime of violence as enumerated in Criminal Law Article, § 14-101(a), Annotated Code of Maryland, except for mayhem; or

(b) Any attempt to commit the crimes referred to in §B(2)(a) of this regulation.

(3) "Burglary" includes the crimes enumerated in Criminal Law Article, §§ 6-202 -6-204, Annotated Code of Maryland.

(4) Charged.

(a) "Charged" means an individual against whom a written accusation has been made alleging that a defendant has committed an offense.

(b) "Charged" includes a citation, an indictment, an information, and a statement of charges.

(5) "CODIS" means the Federal Bureau of Investigation's Combined DNA Index System that allows the storage and exchange of DNA records submitted by federal, state, and local law enforcement systems.

(6) "CODIS requirements" means the policies and procedures established by NDIS and the Federal Bureau of Investigation.

(6-1) "Collected" means collected and submitted to a crime lab for testing.

(7) "Crime Laboratory" or "Crime Lab" means the Department of State Police, Forensic Sciences Division.

(8) "Crime of violence" means:

(a) Those crimes enumerated in Criminal Law Article, § 14-101, Annotated Code of Maryland, except mayhem; and

(b) Attempts to commit the crimes referred to in §B(8)(a) of this regulation.

(9) "Detention facility" means a State prison, county jail facility, or Department of State Police installation used for the purpose of sample collection.

(10) "Director" means the Director of the Department of State Police Crime Laboratory, or the Director's designee.

(11) "DNA" means deoxyribonucleic acid.

(12) "DNA data base collection kit" or "kit" means the kit provided by the Crime Laboratory for the collection of DNA arrestee or convicted offender samples.

(13) "DNA record" means DNA information stored in the Statewide DNA Data Base System of the Department of State Police, Crime Laboratory, or CODIS, and includes that information commonly referred to as a DNA profile.

(14) "DNA sample" means a body fluid or tissue sample provided by an individual convicted of or charged with a qualifying crime pursuant to Public Safety Article, § 2-501 et seq., Annotated Code of Maryland, or a body fluid or tissue sample submitted to the Statewide DNA Data Base System for analysis pursuant to a criminal investigation.

(15) Expungement.

(a) "Expungement" means the removal and destruction of the arrestee or convicted offender DNA sample and the deletion of testing results from CODIS.

(b) "Expungement" does not include a record by the Crime Lab of information related to the taking or destruction of a sample.

(16) "FBI Standards" means the:

(a) Quality Assurance Standards for Forensic DNA Testing Laboratories (effective October 1, 1998); and

(b) Quality Assurance Standards for Convicted Offender DNA Databasing Laboratories (effective April 1, 1999).

(17) "Forensic or evidence sample" means DNA obtained from an item of evidence or a individual, including suspect samples, other than one required to be collected pursuant to Public Safety Article, § 2-501 et seq., Annotated Code of Maryland.

(18) "Immediately" means as soon as practicable and does not require any actions to be taken during weekends, holidays, or periods other than when normal State business is conducted.

(19) "Letter" includes any writing regardless of format and includes electronic notifications and transmittals.

(20) "Local law enforcement agency" or "local law enforcement unit" means the agency of a county or municipal corporation in the State that performs police protection functions.

(21) "Notice" means any notification, whether verbal or in writing, sent by regular first-class mail, facsimile, or email.

(22) "PCR" means polymerase chain reaction.

(23) "Personal identification information" means that information pertaining to the sample donor's name, state identification number, or any other traceable number or information that is directly associated with that person.

(24) "Placed" means entered.

(25) "Population data base" means a collection of DNA profiles, usually grouped by race, used for statistical evaluation, research, quality control, and protocol development of forensic DNA analysis methods. Personal identification information is not associated with this data base.

(26) "Qualifying crime" means those offenses that require collection of a DNA sample upon arrest or conviction.

(27) "Qualifying crime upon arrest" includes:

(a) A burglary or attempt to commit burglary, or a crime of violence as enumerated in Criminal Law Article, § 14-101(a), Annotated Code of Maryland, except mayhem; or

(b) Any attempt to commit the crimes referred to in §B(27)(a) of this regulation.

(28) "Qualifying crime upon conviction" includes the following:

(a) All felonies;

(b) Fourth degree burglary; and

(c) Breaking and entering of a motor vehicle.

(29) "Secretary" means the Secretary of the State Police.

(30) "State Police" means the Department of State Police.

(31) "Statewide DNA Data Base System" means the DNA record system administered by the Department of State Police, Crime Laboratory for identification purposes.

(32) "Statewide DNA repository" means the Department of State Police, Crime Laboratory repository of DNA samples collected under this chapter.

(33) "Target DNA file" means a DNA profile originating from case material to be searched against the Statewide DNA Data Base System.

(34) "Testing" means DNA typing tests that generate identification information and are obtained from a DNA sample. The term "testing" and "analysis" are, for the purposes of this chapter, interchangeable.

(35) "Typing results" means the information generated during the forensic analysis (Restriction Fragment Length Polymorphisms (RFLP), PCR-based technologies, or current acceptable techniques for forensic analysis) of a DNA sample, sometimes referred to as a DNA profile.

Md. Code Regs. 29.05.01.01

Regulation .01B amended effective December 27, 1999 (26:26 Md. R. 1961)
Regulation .01B amended effective October 19, 2009 (36:21 Md. R. 1594); November 14, 2011 (38:23 Md. R. 1423)