MD. Criminal Procedure Code Ann. §  11-926 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 11 - Victims and Witnesses|Subtitle 9 - Victims and Witnesses -- Services|Part III - Help for Victims of Sexual Assault Offenses|Section 11-926 - Sexual Assault Evidence Collection Kit -- Information to Be Provided to Victims From Health Care Providers and Investigating Law Enforcement Agencies

    (a)    (1)    In this section the following words have the meanings indicated.        (2)    “Child advocacy center” has the meaning stated in § 13–2201 of the Health – General Article.        (3)    “Hospital” has the meaning stated in § 19–301 of the Health – General Article.    (b)    A health care provider that performs a sexual assault evidence collection kit exam on a victim of sexual assault shall provide the victim with:        (1)    contact information for the investigating law enforcement agency that the victim may contact about the status and results of the kit analysis; and        (2)    written information describing the laws and policies governing the testing, preservation, and disposal of a sexual assault evidence collection kit.    (c)    An investigating law enforcement agency that receives a sexual assault evidence collection kit, within 30 days after a request by the victim from whom the evidence was collected, shall provide the victim with:        (1)    information about the status of the kit analysis; and        (2)    all available results of the kit analysis except results that would impede or compromise an ongoing investigation.    (d)    (1)    A sexual assault evidence collection kit shall be transferred to a law enforcement agency:            (i)    by a hospital or a child advocacy center within 30 days after the exam is performed; or            (ii)    by a government agency in possession of a kit, unless the agency is otherwise required to retain the kit by law or court rule.        (2)    Except as provided in paragraph (3) of this subsection, within 20 years after the evidence is collected, a law enforcement agency may not destroy or dispose of:            (i)    a sexual assault evidence collection kit; or            (ii)    other crime scene evidence relating to a sexual assault that has been identified by the State’s Attorney as relevant to prosecution.        (3)    A law enforcement agency is not required to comply with the requirements in paragraph (2) of this subsection if:            (i)    the case for which the evidence was collected resulted in a conviction and the sentence has been completed; or            (ii)    all suspects identified by testing a sexual assault evidence collection kit are deceased.        (4)    On written request by the victim from whom the evidence was collected, a law enforcement agency with custody of a sexual assault evidence collection kit or other crime scene evidence relating to a sexual assault shall:            (i)    notify the victim no later than 60 days before the date of intended destruction or disposal of the evidence; or            (ii)    retain the evidence for 12 months longer than the time period specified in paragraph (2) of this subsection or for a time period agreed to by the victim and the law enforcement agency.    (e)    A sexual assault evidence collection kit shall be submitted to a forensic laboratory for analysis unless:        (1)    there is clear evidence disproving the allegation of sexual assault;        (2)    the facts alleged, if true, could not be interpreted to violate a provision of Title 3, Subtitle 2, Title 3, Subtitle 3, Title 3, Subtitle 6, or Title 11, Subtitle 3 of the Criminal Law Article;        (3)    the victim from whom the evidence was collected declines to give consent for analysis; or        (4)    the suspect’s profile has been collected for entry as a convicted offender for a qualifying offense in the Combined DNA Index System (CODIS) maintained by the Federal Bureau of Investigation and the suspect has pleaded guilty to the offense that led to the sexual assault evidence collection kit.    (f)    (1)    If a victim of sexual assault wishes to remain anonymous and not file a criminal complaint, the victim shall be informed that the victim may file a criminal complaint at a future time.        (2)    If a provision of subsection (e) of this section is determined to be satisfied after the submission of the victim’s sexual assault evidence collection kit for analysis, testing may be terminated or not initiated.    (g)    Except as provided in subsection (e) of this section, an investigating law enforcement agency that receives a sexual assault evidence collection kit shall:        (1)    submit the kit and all requested associated reference standards to a forensic laboratory for analysis within 30 days of receipt of the kit and all requested associated reference standards; and        (2)    make use of certified sexual assault crisis programs or other qualified community–based sexual assault victim service organizations that can provide services and support to survivors of sexual assault.    (h)    (1)    (i)    A forensic laboratory that receives a sexual assault evidence collection kit and all requested associated reference standards for analysis shall determine suitability and complete screening, testing, and analysis in a timely manner.            (ii)    Failure to complete the screening, testing, and analysis in a timely manner as required in subparagraph (i) of this paragraph may not constitute the basis for excluding the analysis or results as evidence in a criminal proceeding.        (2)    Forensic laboratories shall report annually to the Maryland Sexual Assault Evidence Kit Policy and Funding Committee regarding the duration required to complete testing, beginning with receipt of the kit until a report is prepared, of each sexual assault evidence collection kit.    (i)    (1)    The eligible results of an analysis of a sexual assault evidence collection kit shall be entered into CODIS.        (2)    The DNA collected from a victim under this section may not be used for any purpose except as authorized by this section.    (j)    The Attorney General shall adopt regulations for uniform statewide implementation of this section.