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MarylandSB 02022025 Regular SessionSenateWALLET

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

Sponsored By: Sponsor information unavailable

Signed by Governor

Public SafetyChemical TestsCorrectional Institutions -see also- Patuxent InstitutionCrimes and Punishments -see also- Penalties and Sentnc; etc.District CourtsExpungement and Shielded RecordsFines -see also- Penalties and SentencesForensicsGeneticsJob 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

4 provisions identified: 2 benefits, 2 costs, 0 mixed.

Charged people gain automatic DNA cleanup

Beginning October 1, 2025, charged people’s DNA samples and records must be automatically destroyed and removed after qualifying case outcomes. These include no conviction, a final reversal or vacated conviction without a new trial, or an unconditional pardon. Exceptions cover cases placed on hold on the stet docket, probation before judgment, and qualifying charges still awaiting trial. Untested samples that fail legal testing requirements also require cleanup once at least two years have passed, with those same exceptions. Cleanup must reach local, state, and federal databases within 60 days of the trigger, with written notice to defendants and lawyers. Separately, older charged-person samples collected before October 1, 2025, face a cleanup deadline if they failed the prior legal requirements. If still untested or outside the database by November 1, 2027, they must be destroyed and their records removed by October 1, 2028.

Limits protect charged people’s DNA samples

Beginning October 1, 2025, Maryland limits testing and database entry for DNA collected from people charged with qualifying crimes. Processing requires a judge’s or commissioner’s probable-cause finding, an arrest under a qualifying warrant, a prosecutor’s information, or a grand-jury indictment. Before a probable-cause decision, the person can request or consent to processing only for comparison with related crime-scene or hospital samples. If all qualifying charges lack probable cause, the sample must be destroyed immediately. The defendant and their lawyer must be notified.

Refusing required DNA brings criminal penalties

Beginning October 1, 2025, people required to provide DNA cannot refuse. Refusal is a misdemeanor and must be referred to the State’s Attorney’s Office for prosecution. A conviction carries a fine of up to $1,000. For people not imprisoned, failing to provide a required sample within 90 days after notice is also a probation violation.

Required DNA collection follows clearer rules

Beginning October 1, 2025, designated staff trained in State Crime Laboratory procedures must collect required DNA samples. Booking-facility or arresting-agency staff collect samples when people are charged with qualifying crimes, including violent crimes and burglary. Correctional staff collect samples at intake for qualifying convictions that result in imprisonment. People required to register as sex offenders must provide DNA to the supervising authority where they initially register. Before release from custody, agencies must ensure that required samples have been collected.

Sponsors & Cosponsors

Sponsors

There is no primary sponsor on record.

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 225 • No: 0

Senate vote • 4/3/2025

Third Reading Passed

Yes: 46 • No: 0

House vote • 4/1/2025

Third Reading Passed

Yes: 135 • No: 0 • Other: 2

Senate vote • 2/18/2025

Third Reading Passed

Yes: 44 • No: 0 • Other: 1

Actions Timeline

  1. Approved by the Governor - Chapter 92

    4/8/2025

  2. Passed Enrolled

    4/3/2025Senate

  3. Third Reading Passed (46-0)

    4/3/2025Senate

  4. Senate Concurs House Amendments

    4/3/2025Senate

  5. Third Reading Passed (135-0)

    4/1/2025House

  6. Second Reading Passed with Amendments

    3/31/2025House

  7. Favorable with Amendments {943025/1 Adopted

    3/31/2025House

  8. Favorable with Amendments Report by Judiciary

    3/31/2025House

  9. Hearing 3/25 at 1:00 p.m.

    3/19/2025House

  10. Referred Judiciary

    2/19/2025House

  11. Third Reading Passed (44-0)

    2/18/2025Senate

  12. Second Reading Passed with Amendments

    2/12/2025Senate

  13. Favorable with Amendments {293923/1 Adopted

    2/12/2025Senate

  14. Favorable with Amendments Report by Judicial Proceedings

    2/10/2025Senate

  15. First Reading Judicial Proceedings

    1/8/2025Senate

  16. Hearing 1/14 at 1:00 p.m.

    1/6/2025Senate

  17. Pre-filed

    9/28/2024Senate

Bill Text

  • Enacted

    4/8/2025

    PDF

  • Enrolled

    4/3/2025

    PDF

  • Third Reading

    2/12/2025

    PDF

  • First Reading

    1/8/2025

    PDF

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