MarylandHB 02592025 Regular SessionHouseWALLET

Public Safety - Statewide DNA Database System, DNA Collection, and Penalties - Alterations

Sponsored By: Frank M. Conaway (Democratic)

Signed by Governor

Public SafetyChemical TestsCorrectional Institutions -see also- Patuxent InstitutionCrimes and Punishments -see also- Penalties and Sentnc; etc.Expungement and Shielded RecordsForensicsGeneticsJob Training -see also- Continuing Ed; Vocational RehabJudgesLaboratoriesNoticesPenalties and Sentences -see also- Death PenaltyRegistration -see also- Motor Vehicle RegistrationRules and RegulationsSafety -see also- Occupational SafetySexual OffensesState Police, Department ofTime

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 4 benefits, 1 costs, 0 mixed.

Automatic DNA removal for eligible defendants

Beginning October 1, 2025, Maryland must automatically destroy charged-person DNA samples and erase records when cases end without conviction. This also applies after an unconditional pardon or a final reversal or vacating of conviction with no new trial allowed. Untested samples that fail testing requirements must also be destroyed and records erased after two years from collection. These rules exclude pending qualifying trials, cases placed on hold on the stet docket, and probation before judgment. Removal must occur within 60 days of the triggering event, across local, state, and federal databases, with written notice to the defendant and lawyer. DNA eligible for removal cannot establish probable cause or be admitted in any proceeding.

Deadline to remove older defendants’ DNA

Maryland’s Forensic Sciences Division must destroy older eligible DNA samples and erase their records by October 1, 2028. This covers charged-person samples collected before October 1, 2025. They qualify if, by November 1, 2027, they remain untested or outside the statewide database because they failed earlier testing requirements. The deadline does not cover all DNA records.

Limits on testing defendants’ DNA

Beginning October 1, 2025, Maryland limits DNA testing and database entry for people charged with violent crimes, burglary, or attempts. Agencies must wait for a probable-cause finding, arrest under a qualifying warrant, a prosecutor’s formal information, or grand-jury indictment. Earlier processing requires the person’s request or consent and is limited to comparing related crime-scene or hospital evidence. If all qualifying charges lack probable cause, agencies must immediately destroy the sample and notify the defendant and lawyer.

Lower maximum fine for refusing DNA

Beginning October 1, 2025, the maximum fine for refusing required DNA collection falls from $10,000 to $1,000. Refusal remains a misdemeanor and must be referred to the State’s Attorney for prosecution. An employee who attempts collection but encounters refusal has fulfilled the collection duty.

Required DNA checks before custody release

Beginning October 1, 2025, Maryland requires DNA collection at initial sex-offender registration by the supervising authority. People charged with violent crimes, burglary, or attempts must provide samples through a booking facility or arresting agency. Required samples from people sentenced to prison are collected by correctional staff at intake. Collectors must be designated by the Crime Laboratory director and trained in its procedures. Custodial agencies and correctional facilities must ensure required samples are collected before releasing someone.

Sponsors & Cosponsors

Sponsor

Frank M. Conaway
Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 185 • No: 0

Senate vote • 4/2/2025

Third Reading Passed

Yes: 47 • No: 0

House vote • 3/11/2025