reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Public Safety › Title 2 - Department of State Police › Subtitle 3 - Powers and Duties of Department › Section 2-307 - Information About Incidence of Crime

(a)    (1)    The Department shall collect, analyze, and disseminate:
(i)    information about the incidence of crime in the State; and
(ii)    information, including race and sex, on the total number of law enforcement employees, de–identified and disaggregated by:
1.    position for civilian employees; and
2.    rank for sworn employees.
(2)    Each law enforcement agency shall provide the Department with the information described in paragraph (1) of this subsection in the format that the Secretary requires.
(b)    (1)    The Department shall collect and analyze information about incidents apparently directed against an individual or group because of race, color, religious beliefs, sexual orientation, gender, disability, national origin, or homelessness.
(2)    Each local law enforcement agency and the State Fire Marshal shall provide the Department with the information described in paragraph (1) of this subsection.
(3)    The Department shall adopt procedures for the collection and analysis of the information described in paragraph (1) of this subsection.
(4)    The Department shall make quarterly reports to the Commission on Civil Rights about the information described in paragraph (1) of this subsection.
2023 Maryland Statutes › Public Safety › Title 2 - Department of State Police › Subtitle 3 - Powers and Duties of Department › Section 2-308 - Dissemination of Information

(a)    (1)    Any information, records, or statistics collected under this subtitle shall be available for use by any agency or unit required to provide information to the Department.
(2)    By rule, the Secretary may establish conditions for the use or availability of the information described in paragraph (1) of this subsection as necessary:
(i)    to preserve the information;
(ii)    to protect any confidential information; or
(iii)    because of a pending prosecution.
(b)    (1)    The Department:
(i)    shall periodically publish statistics on the incidence of crime in the State; and
(ii)    at least monthly shall publish statistics about the occurrence and cause of all motor vehicle accidents in the State.
(2)    A statistical report on the incidence of crime published under this subsection may not name or otherwise identify a particular known or suspected offender.
(3)    The Department shall distribute the reports required by this subsection to:
(i)    each agency or unit that contributed information contained in the reports;
(ii)    the press; and
(iii)    any other interested person.
(4)    By rule, the Secretary may establish conditions under which reports of specific motor vehicle accidents may be made available on request to the public.
(c)    (1)    The fee for conducting a document search is $4.
(2)    The Department shall apply the money received from conducting document searches to the cost of providing this service.
2023 Maryland Statutes › Public Safety › Title 2 - Department of State Police › Subtitle 3 - Powers and Duties of Department › Section 2-309 - Recommendations for Legislation

In any report issued under § 2-308 of this subtitle, the Department may include recommendations to the Governor, the Secretary of Public Safety and Correctional Services, and, subject to § 2-1257 of the State Government Article, the General Assembly for legislation that the report indicates is necessary or desirable to promote traffic safety or reduce crime or otherwise to ensure proper law enforcement.
2023 Maryland Statutes › Public Safety › Title 2 - Department of State Police › Subtitle 3 - Powers and Duties of Department › Section 2-310 - Confinement of Arrestees

(a)    Unless sufficient facilities are not available, the managing official of a correctional facility shall receive and confine an individual arrested by a police employee without warrant or on warrant from a county.
(b)    (1)    An individual confined under subsection (a) of this section:
(i)    is deemed to be in the custody of the Department; and
(ii)    shall remain confined until a court of competent jurisdiction issues a warrant or other process, or the individual is returned to the county.
(2)    Before the issuance of a warrant or process, an individual confined under subsection (a) of this section may be released only to and on written order of a police employee.
(c)    (1)    This section does not abridge the right of an individual to be taken before a judicial officer of the State promptly after arrest.
(2)    The managing official of a correctional facility in which an individual is confined under this section, shall notify the State’s Attorney immediately if the individual is confined for more than 12 hours.
2023 Maryland Statutes › Public Safety › Title 2 - Department of State Police › Subtitle 3 - Powers and Duties of Department › Section 2-312 - Fingerprinting Fees

(a)    Except as provided in subsection (b) of this section, the Secretary shall charge a fee of $5 per fingerprint card to each individual who requests that the individual be fingerprinted.
(b)    A fee may not be charged to an individual who is:
(1)    fingerprinted as a matter of procedure in a law enforcement action;
(2)    required to have fingerprints retaken because of any fault or error by the Department during the preparation of the fingerprint card; or
(3)    otherwise declared by the Secretary to be exempt from this section.
(c)    Subject to the Administrative Procedure Act, the Secretary shall adopt regulations to carry out this section.
2023 Maryland Statutes › Public Safety › Title 2 - Department of State Police › Subtitle 3 - Powers and Duties of Department › Section 2-313 - Licenses for Dogs Used for Law Enforcement

(a)    Each publicly owned dog used for law enforcement work by the State or a local subdivision of the State shall have a license issued by the Department under this section.
(b)    (1)    A license under this section shall be issued:
(i)    on the form prepared and provided by the Department; and
(ii)    to the law enforcement officer to whom the licensed dog is assigned.
(2)    Each license shall:
(i)    be dated and numbered;
(ii)    state the law enforcement agency to which the dog belongs; and
(iii)    describe the dog that is licensed.
(3)    A license issued under this section is valid for all dog licensing purposes anywhere in the State.
(c)    A license issued under this section is in effect until the earlier of:
(1)    revocation of the license by the Department; and
(2)    removal of the licensed dog from law enforcement work.
(d)    (1)    The Department shall provide with each license a metal tag that:
(i)    is stamped “Department of State Police”; and
(ii)    bears the license number of the dog.
(2)    The tag shall be affixed to a substantial collar to be provided by the law enforcement agency to which the dog belongs.
(3)    The tag and collar shall be kept on the licensed dog at all times unless the dog is confined in a kennel or is under the personal charge of the law enforcement officer to whom the dog is assigned.
(e)    The licensing responsibility of this section does not create liability for the Department or its officers or employees for any action of a licensed dog or the law enforcement officer to whom it is assigned.
2023 Maryland Statutes › Public Safety › Title 2 - Department of State Police › Subtitle 3 - Powers and Duties of Department › Section 2-316 - Regional Law Enforcement Councils -- Purpose -- Members -- Annual Report

(a)    The Department shall establish a regional law enforcement council for each of the regions established by the Law Enforcement Coordinating Council under § 2–315 of this subtitle.
(b)    The purpose of each regional council is to prevent and reduce crime by:
(1)    coordinating and focusing State and local resources; and
(2)    ensuring interagency communications and intelligence–sharing.
(c)    Each regional council shall consist of the following members:
(1)    the Secretary of Public Safety and Correctional Services, or the Secretary’s designee;
(2)    the Secretary of Juvenile Services, or the Secretary’s designee;
(3)    the Secretary of Human Services, or the Secretary’s designee;
(4)    the Secretary of Housing and Community Development, or the Secretary’s designee;
(5)    the Secretary of Emergency Management, or the Secretary’s designee;
(6)    the Director of the Maryland Coordination and Analysis Center, or the Director’s designee;
(7)    the Secretary, or the Secretary’s designee; and
(8)    the chiefs of the law enforcement agencies with jurisdiction in each region, or their designees.
(d)    The members of each regional council shall select the chair of the regional council.
(e)    The Department shall provide staff for each regional council.
(f)    Each regional council shall meet to:
(1)    share intelligence;
(2)    identify regional crime trends;
(3)    strategize the deployment of resources to prevent and respond to regional crime, particularly violent crime;
(4)    review outstanding warrants in the region; and
(5)    discuss community engagement efforts, technology, and training programs.
(g)    Each regional council shall meet at least quarterly.
(h)    On or before December 1 each year, each regional council shall submit a report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly concerning the council’s activities and recommendations.
2023 Maryland Statutes › Public Safety › Title 2 - Department of State Police › Subtitle 4 - Police Employees and Civilian Employees › Section 2-401 - Applicability of State Personnel and Pensions Article

(a)    If there are inconsistencies between this article and the State Personnel and Pensions Article, this article controls as to any matter that relates to the Department.
(b)    Except as expressly provided in this article, the State Personnel and Pensions Article does not apply to or affect the compensation, rank, grade, or status of police employees.
(c)    Except as expressly provided in this article, the compensation, civilian classification, and status of civilian employees shall be determined in accordance with the State Personnel and Pensions Article.
2023 Maryland Statutes › Public Safety › Title 2 - Department of State Police › Subtitle 4 - Police Employees and Civilian Employees › Section 2-402 - Appointment of Employees

(a)    (1)    In accordance with the State budget, the Secretary shall appoint the employees that the Secretary considers necessary for the efficient administration of the Department.
(2)    The Secretary shall make each appointment from a list of eligible candidates in accordance with the State Personnel and Pensions Article.
(b)    Each appointee to the Department shall:
(1)    be a resident of the State on the date of appointment; and
(2)    have the character, education, and other qualifications established by the Secretary under this title.
2023 Maryland Statutes › Public Safety › Title 2 - Department of State Police › Subtitle 4 - Police Employees and Civilian Employees › Section 2-402.1 - Advertising and Recruitment

When the Department advertises for or recruits new employees, the Department shall include advertising that is targeted toward racial and ethnic communities or other individuals that are underrepresented in the Department workforce, including advertising in newspapers or on radio stations whose primary audience is the underrepresented communities and individuals.
2023 Maryland Statutes › Public Safety › Title 2 - Department of State Police › Subtitle 4 - Police Employees and Civilian Employees › Section 2-403 - Probation After Appointment

(a)    Each police employee, including an individual who is appointed to the Department for training before regular assignment as a police employee, shall remain in probationary status for a period of 2 years after the date of appointment to the Department.
(b)    Each civilian employee shall remain in probationary status for the period required under Title 7, Subtitle 4 of the State Personnel and Pensions Article.
2023 Maryland Statutes › Public Safety › Title 2 - Department of State Police › Subtitle 4 - Police Employees and Civilian Employees › Section 2-404 - Promotions

(a)    In this section, “obsolete rank” means a rank designated by the Secretary to which no further promotions will be made.
(b)    The Secretary shall make all promotions.
(c)    (1)    Promotion to a rank, except deputy secretary, shall be made in the manner required by rule.
(2)    For a noncommissioned rank that has fewer than 25 police employees, the Secretary by rule may direct that it is unnecessary to fill the noncommissioned rank for purposes of promotion.
(3)    (i)    This paragraph does not apply to a rank that requires technical knowledge.
(ii)    Except as provided in subsection (d) of this section, a police employee may not be appointed or promoted to a rank unless the police employee:
1.    is bypassing an obsolete rank and currently fills the rank immediately below the obsolete rank; or
2.    has filled the rank immediately below the rank to which the police employee is to be promoted.
(d)    (1)    Notwithstanding any other provision of law, the Secretary may appoint without examination:
(i)    a police employee who holds a commissioned rank to the rank of Major; and
(ii)    a police employee who holds a commissioned rank of not less than Captain to the rank of Lieutenant Colonel.
(2)    A police employee appointed in accordance with this subsection continues to serve at the pleasure of the Secretary.
(3)    Notwithstanding any other provision of law, on termination of an appointment under this subsection, the police employee may:
(i)    return to the rank held before the appointment; or
(ii)    be promoted to a higher rank to which the police employee became eligible for promotion during the appointment.
(e)    An incumbent police employee in an obsolete rank remains in that rank until promoted, demoted, retired, or terminated.
(f)    Promotions of civilian employees shall be made in accordance with the State Personnel and Pensions Article.
2023 Maryland Statutes › Public Safety › Title 2 - Department of State Police › Subtitle 4 - Police Employees and Civilian Employees › Section 2-405 - Pay Rates

(a)    (1)    The Secretary shall develop a pay plan for police employees, State Police communications operators, and State Police communications supervisors that includes the ranks and the grades within ranks that the Secretary considers appropriate.
(2)    The pay plan under this subsection:
(i)    is subject to approval by the Secretary of Budget and Management; and
(ii)    is effective on approval by the Governor only to the extent that sufficient money is included in the State budget.
(b)    Each police employee, State Police communications operator, and State Police communications supervisor is entitled to receive the pay rate, including any increment based on length of service, set forth in the pay plan established under subsection (a) of this section.
(c)    (1)    Each police employee is entitled to the pay rate for the next highest step within the police employee’s rank on:
(i)    each July 1, if the police employee was a police employee on July 1, 1967; or
(ii)    each anniversary of the date of employment, for all other police employees.
(2)    (i)    Except as provided in subparagraph (ii) of this paragraph, on promotion a police employee is entitled to the pay specified for the new rank in the same step that the police employee occupied before promotion.
(ii)    If the step that the police employee occupied before promotion is higher than that held by a police employee who is already in the rank and has equal or higher total service time, on promotion the police employee is entitled only to the pay specified for the new rank in the next lower step than the police employee occupied before promotion.
2023 Maryland Statutes › Public Safety › Title 2 - Department of State Police › Subtitle 4 - Police Employees and Civilian Employees › Section 2-406 - Expenses of Employees

(a)    (1)    The Secretary may approve vouchers in payment of expenses incurred by employees in the discharge of their duties, including expenses for lodging and subsistence while an employee is away from the facility to which the employee is regularly assigned.
(2)    The vouchers shall be:
(i)    audited and paid in accordance with the State budget in the manner required by law; and
(ii)    submitted in a manner consistent with the practices required by the Comptroller’s office.
(3)    Lodging and subsistence provided to employees at facilities of the Department:
(i)    are not expenses within the meaning of this section; and
(ii)    may be provided by the Department in accordance with the State budget and rule of the Secretary.
(b)    (1)    In a civil or criminal case, other than a disciplinary proceeding or an appeal from a disciplinary proceeding, when a police employee is charged with the commission of a wrong as the result of an act done in the course of the police employee’s official duties, the Secretary may pay any part of the legal expenses of the police employee if:
(i)    the Secretary determines that payment is in the best interests of the Department, the public, and the police employee; and
(ii)    the Attorney General approves the payment.
(2)    Payment of legal expenses under this subsection may be made in accordance with the State budget or from general or contingency funds of the Department.
2023 Maryland Statutes › Public Safety › Title 2 - Department of State Police › Subtitle 4 - Police Employees and Civilian Employees › Section 2-407 - Uniforms and Equipment

(a)    (1)    The Department shall provide uniforms and equipment necessary for the performance of the duties of employees in accordance with the State budget.
(2)    Uniforms and equipment shall be purchased by the Department in accordance with Division II of the State Finance and Procurement Article and remain the property of the State.
(b)    (1)    Subject to paragraph (2) of this subsection, the Secretary may grant permission to off-duty police employees to use police vehicles during off-duty hours if, in the opinion of the Secretary, the vehicles will not be needed by on-duty police employees.
(2)    Only the police employees to whom permission has been granted to use the police vehicles may operate the police vehicles.
2023 Maryland Statutes › Public Safety › Title 2 - Department of State Police › Subtitle 4 - Police Employees and Civilian Employees › Section 2-408 - Other Compensation Prohibited

(a)    Except as allowed by this article, Title 9 or Title 10 of the Labor and Employment Article, or rule, an employee of the Department may not receive money or any other thing of value for services performed by the employee as an employee of the Department or otherwise resulting from employment by the Department.
(b)    When an employee is allowed by the Secretary to accept money or any other thing of value, the money or other thing of value shall be delivered to the Department and disposed of as provided by rule.
2023 Maryland Statutes › Public Safety › Title 2 - Department of State Police › Subtitle 4 - Police Employees and Civilian Employees › Section 2-409 - Sick Leave Reserve

(a)    There is a Sick Leave Reserve.
(b)    The Secretary shall administer the Sick Leave Reserve.
(c)    The Secretary shall adopt rules and regulations about the eligibility of police employees to withdraw sick leave from the Sick Leave Reserve including:
(1)    a requirement that the police employee have a long term illness and be unable to work; and
(2)    the length of time for which a police employee may receive sick leave.
(d)    With the approval of the Secretary, a police employee may donate up to 2 days of sick leave each year to the Sick Leave Reserve.
(e)    (1)    The Secretary may transfer days of sick leave that have been accumulated in the Sick Leave Reserve to a police employee who:
(i)    has a documented medical disability; and
(ii)    has exhausted all forms of leave.
(2)    The Secretary may not transfer sick leave under this section to a police employee who has been granted disability retirement by the board of trustees of the State retirement systems for use after the first date on which disability retirement may become effective.
2023 Maryland Statutes › Public Safety › Title 2 - Department of State Police › Subtitle 4 - Police Employees and Civilian Employees › Section 2-410 - Work-Related Administrative Leave

(a)    The Secretary may grant work-related administrative leave to a police employee who is temporarily disabled in the performance of the police employee’s work if the disability resulted from an injury or illness sustained in the performance of the police employee’s work.
(b)    (1)    The work-related administrative leave remains in effect until the police employee is returned to duty or is retired because of the injury or illness from which the disability resulted.
(2)    However, the work-related administrative leave may not:
(i)    exceed 2 years; and
(ii)    extend beyond the second anniversary of the date of the injury or illness.
(c)    (1)    Payment to a police employee on work-related administrative leave is based on two-thirds of the police employee’s regular pay.
(2)    Payment for work-related administrative leave is a separate benefit on account of accidental disability and is not a continuation of salary.
(3)    Notwithstanding the reduced rate at which a police employee is paid while on work-related administrative leave, the police employee:
(i)    continues seniority and leave accruals based on the police employee’s regular pay; and
(ii)    does not lose health care benefits with the subsidy allowed in Title 2, Subtitle 5 of the State Personnel and Pensions Article solely because the police employee is on work-related administrative leave.
(4)    A police employee may not receive temporary total disability benefits under the Maryland Workers’ Compensation Act while the police employee is receiving payment under this section.
2023 Maryland Statutes › Public Safety › Title 2 - Department of State Police › Subtitle 4 - Police Employees and Civilian Employees › Section 2-411 - Modified Work Week

(a)    If authorized by the Secretary:
(1)    a police employee may work an alternative workday; or
(2)    a 40–hour civilian employee may work an alternative workday of not more than 12 hours instead of an 8–hour workday.
(b)    (1)    Employees who participate in the alternative modified workday program are entitled to compensation in accordance with § 8-305 of the State Personnel and Pensions Article.
(2)    Personal leave for these employees shall be based on an 8-hour workday.
2023 Maryland Statutes › Public Safety › Title 2 - Department of State Police › Subtitle 4 - Police Employees and Civilian Employees › Section 2-415 - End of Employment -- Retirement

(a)    (1)    Retirement shall occur in accordance with the State Personnel and Pensions Article.
(2)    Except for the Secretary, retirement is mandatory as provided in § 24-401(c) of the State Personnel and Pensions Article.
(b)    (1)    The Secretary may apply for disability retirement on behalf of a police employee in accordance with § 29-103 of the State Personnel and Pensions Article.
(2)    This subsection does not prevent a police employee from exercising the individual’s rights under § 21-111 of the State Personnel and Pensions Article.
(c)    (1)    Notwithstanding any other provision of law, a police employee, on retirement in good standing, may keep or acquire the handgun issued by the State to that police employee if:
(i)    the police employee reimburses the Department for the replacement value of the handgun; and
(ii)    the Secretary authorizes the transaction.
(2)    The Secretary shall adopt regulations necessary to carry out this subsection.
2023 Maryland Statutes › Public Safety › Title 2 - Department of State Police › Subtitle 4 - Police Employees and Civilian Employees › Section 2-417 - End of Employment -- Termination

(a)    An employee, other than an employee in probationary status, may be terminated from employment only in accordance with the State Personnel and Pensions Article.
(b)    The Secretary may terminate the employment of an employee in probationary status for any reason that the Secretary considers sufficient.
2023 Maryland Statutes › Public Safety › Title 2 - Department of State Police › Subtitle 4 - Police Employees and Civilian Employees › Section 2-418 - Reappointments

(a)    (1)    Except as otherwise provided in paragraphs (2) and (3) of this subsection, a police employee who resigns from the Department for any reason may not be reappointed.
(2)    A police employee who resigns to enter military service may be reappointed.
(3)    By rule, the Secretary may reappoint a police employee who resigned in good standing if the individual meets the requirements then applicable for initial appointment.
(4)    An individual may not be reappointed to a rank higher than the rank that the individual previously held as a police employee.
(b)    An employee who is terminated from the Department may not be reappointed.
2023 Maryland Statutes › Public Safety › Title 2 - Department of State Police › Subtitle 5 - Statewide Dna Database System › Section 2-501 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Burglary” includes the crimes enumerated in §§ 6–202, 6–203, and 6–204 of the Criminal Law Article.
(c)    (1)    “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 forensic DNA laboratories.
(2)    “CODIS” includes the national DNA index administered and operated by the Federal Bureau of Investigation.
(d)    “Crime Laboratory” means the Forensic Sciences Division of the Department.
(e)    (1)    Except as provided in paragraph (2) of this subsection, “crime of violence” has the meaning stated in § 14–101 of the Criminal Law Article.
(2)    “Crime of violence” does not include mayhem.
(f)    “Director” means the Director of the Crime Laboratory or the Director’s designee.
(g)    “DNA” means deoxyribonucleic acid.
(h)    (1)    “DNA record” means DNA information stored in CODIS or the statewide DNA database system.
(2)    “DNA record” includes the information commonly referred to as a DNA profile.
(i)    “DNA sample” means a body fluid or tissue sample that is:
(1)    provided by an individual who is convicted of a felony or a violation of § 6–205 or § 6–206 of the Criminal Law Article;
(2)    provided by an individual who is charged with:
(i)    a crime of violence or an attempt to commit a crime of violence; or
(ii)    burglary or an attempt to commit burglary; or
(3)    submitted to the statewide DNA database system for testing as part of a criminal investigation.
(j)    “Statewide DNA database system” means the DNA record system administered by the Department for identification purposes.
(k)    “Statewide DNA repository” means the State repository of DNA samples collected under this subtitle.
2023 Maryland Statutes › Public Safety › Title 2 - Department of State Police › Subtitle 5 - Statewide Dna Database System › Section 2-502 - Statewide Dna Database System

(a)    There is a statewide DNA database system in the Crime Laboratory.
(b)    The statewide DNA database system is the central repository for all DNA testing information as provided in this subtitle.
(c)    The Director shall:
(1)    administer and manage the statewide DNA database system;
(2)    consult with the Secretary on the adoption of appropriate regulations for protocols and operations of the statewide DNA database system;
(3)    ensure compatibility with Federal Bureau of Investigation and CODIS requirements, including the use of comparable test procedures, quality assurance, laboratory equipment, and computer software;
(4)    ensure the security and confidentiality of all records in the statewide DNA database system; and
(5)    provide for a liaison with the Federal Bureau of Investigation and other criminal justice agencies related to the State’s participation in CODIS or in any DNA database designated by the Department.
(d)    The Crime Laboratory shall:
(1)    receive DNA samples for analysis, classification, storage, and disposal;
(2)    file the DNA record of identification characteristic profiles of DNA samples submitted to the Crime Laboratory; and
(3)    make information that relates to DNA samples and DNA records available to other agencies and individuals as authorized by this subtitle.
(e)    The Director may contract with a qualified DNA laboratory to complete DNA typing analyses if the laboratory meets the guidelines established by the Director.
(f)    Subject to § 2–511 of this subtitle, records of testing shall be permanently retained on file at the Crime Laboratory.
2023 Maryland Statutes › Public Safety › Title 2 - Department of State Police › Subtitle 5 - Statewide Dna Database System › Section 2-503 - Required Regulations

(a)    After consulting with the Director, the Secretary shall adopt appropriate regulations:
(1)    for protocols and operations of the statewide DNA database system;
(2)    to govern the methods used to obtain information from the statewide DNA database system and CODIS, including procedures to verify the identity and authority of the individual or agency that requests the information; and
(3)    to govern the procedures used:
(i)    to collect, submit, identify, analyze, store, and dispose of DNA samples; and
(ii)    to allow access to and dissemination of typing results and personal identification information of DNA samples that are submitted under this subtitle.
(b)    Each procedure adopted by the Director shall include quality assurance guidelines to ensure that DNA records meet standards and audit requirements for laboratories that submit DNA records for inclusion in the statewide DNA database system and CODIS.
2023 Maryland Statutes › Public Safety › Title 2 - Department of State Police › Subtitle 5 - Statewide Dna Database System › Section 2-505 - Purpose of Collecting and Testing Dna Samples

(a)    To the extent fiscal resources are available, DNA samples shall be collected and tested:
(1)    to analyze and type the genetic markers contained in or derived from the DNA samples;
(2)    as part of an official investigation into a crime;
(3)    to help identify human remains;
(4)    to help identify missing individuals; and
(5)    for research and administrative purposes, including:
(i)    development of a population database after personal identifying information is removed;
(ii)    support of identification research and protocol development of forensic DNA analysis methods; and
(iii)    quality control.
(b)    (1)    Only DNA records that directly relate to the identification of individuals shall be collected and stored.
(2)    DNA records may not be used for any purposes other than those specified in this subtitle.
2023 Maryland Statutes › Public Safety › Title 2 - Department of State Police › Subtitle 5 - Statewide Dna Database System › Section 2-506 - Storage of Dna Records and Dna Samples

(a)    Each DNA record of identification characteristics that results from DNA testing under this subtitle shall be stored and maintained only by the Crime Laboratory in the statewide DNA database system, except as necessary to participate in CODIS.
(b)    Each DNA sample obtained under this subtitle shall be stored securely and maintained only by the Crime Laboratory in the statewide DNA repository.
(c)    Typing results shall be stored securely in the statewide DNA database system.
(d)    A person may not perform a search of the statewide DNA database for the purpose of identification of an offender in connection with a crime for which the offender may be a biological relative of the individual from whom the DNA sample was acquired.
2023 Maryland Statutes › Public Safety › Title 2 - Department of State Police › Subtitle 5 - Statewide Dna Database System › Section 2-507 - Proficiency Testing

At regular intervals not exceeding 180 days, the Crime Laboratory and each analyst who performs DNA analyses at the Crime Laboratory shall undergo external proficiency testing, including at least one external blind test, by a DNA proficiency testing program that meets the standards issued under:
(1)    § 1003 of the federal DNA Identification Act of 1994 (42 U.S.C. § 14131); or
(2)    the guidelines for a quality assurance program for DNA analysis, known as the “TWGDAM” guidelines.
2023 Maryland Statutes › Public Safety › Title 2 - Department of State Police › Subtitle 5 - Statewide Dna Database System › Section 2-508 - Availability of Dna Profile

(a)    (1)    On written or electronic request after verification by the Director that a match has been made in the population database, the typing results and personal identification information of the DNA profile of an individual in the statewide DNA database system may be made available to:
(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.
2023 Maryland Statutes › Public Safety › Title 2 - Department of State Police › Subtitle 5 - Statewide Dna Database System › Section 2-509 - Population Database

(a)    The Director shall create a population database composed of DNA samples collected under this subtitle.
(b)    All personal identifiers shall be removed before information is entered into the population database.
(c)    (1)    Nothing shall prohibit the sharing or disseminating of population database information with:
(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
(iv)    a third party that the Director considers necessary to assist the Crime Laboratory with statistical analyses of the population database.
(2)    The population database may be made available to and searched by any agency that participates in CODIS.
2023 Maryland Statutes › Public Safety › Title 2 - Department of State Police › Subtitle 5 - Statewide Dna Database System › Section 2-511 - Expungement of Dna Information

(a)    (1)    Except as provided in paragraph (2) of this subsection, any DNA samples and records generated as part of a criminal investigation or prosecution shall be destroyed or expunged automatically from the State DNA database if:
(i)    a criminal action begun against the individual relating to the crime does not result in a conviction of the individual;
(ii)    the conviction is finally reversed or vacated and no new trial is permitted; or
(iii)    the individual is granted an unconditional pardon.
(2)    A DNA sample or DNA record may not be destroyed or expunged automatically from the State DNA database if the criminal action is put on the stet docket or the individual receives probation before judgment.
(b)    If the DNA sample or DNA record was obtained or generated only in connection with a case in which eligibility for expungement has been established, the DNA sample shall be destroyed and the DNA record shall be expunged.
(c)    Any DNA record expunged in accordance with this section shall be expunged from every database into which it has been entered, including local, State, and federal databases.
(d)    An expungement or destruction of sample under this section shall occur within 60 days of an event listed in subsection (a) of this section.
(e)    A letter documenting expungement of the DNA record and destruction of the DNA sample shall be sent by the Director to the defendant and the defendant’s attorney at the address specified by the court in the order of expungement.
(f)    A record or sample that qualifies for expungement or destruction under this section and is matched concurrent with or subsequent to the date of qualification for expungement:
(1)    may not be utilized for a determination of probable cause regardless of whether it is expunged or destroyed timely; and
(2)    is not admissible in any proceeding for any purpose.
(g)    The Director shall adopt procedures to comply with this section.
2023 Maryland Statutes › Public Safety › Title 2 - Department of State Police › Subtitle 5 - Statewide Dna Database System › Section 2-512 - Prohibited Acts; Penalty

(a)    A person who, by virtue of employment or official position, has possession of or access to individually identifiable DNA information contained in the statewide DNA database system or statewide DNA repository may not willfully disclose the information in any manner to a person or agency not entitled to receive the information.
(b)    A person may not, without authorization, willfully obtain individually identifiable DNA information from the statewide DNA database system or statewide DNA repository.
(c)    A person may not willfully test a DNA sample for information that does not relate to the identification of individuals as specified in this subtitle.
(d)    A person may not willfully fail to destroy a DNA sample for which, under this subtitle:
(1)    notification has been sent stating that the DNA sample has been destroyed; or
(2)    destruction has been ordered.
(e)    A person who violates subsection (a), (b), or (c) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.
(f)    A person who violates subsection (d) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000.
2023 Maryland Statutes › Public Safety › Title 2 - Department of State Police › Subtitle 5 - Statewide Dna Database System › Section 2-513 - Annual Report

(a)    (1)    (i)    On or before April 1, 2010, and on or before April 1 annually thereafter, the Department shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly, on the status of the statewide DNA database system as specified in subsection (b) of this section.
(ii)    On or before January 31, 2010, and on or before January 31 annually thereafter, local law enforcement agencies shall report to the Department for the preceding calendar year with the information necessary for the Department to comply with the requirements of subsection (b) of this section.
(2)    The annual report shall be posted on the Department website on or before April 1 of each year.
(b)    The annual report shall include, for the preceding calendar year:
(1)    total expenses incurred for the operation and management of the DNA database and DNA testing program, specifying the actual and human resource costs of DNA collection and transport, DNA analyses, database operation and oversight, and State laboratory personnel and maintenance;
(2)    total funding provided by the State to each forensic crime laboratory in the preceding year;
(3)    a statistical analysis of the racial demographics of individuals who have been charged with a crime of violence or burglary, or attempt to commit a crime of violence or burglary, as defined in § 2–501 of this subtitle;
(4)    the number of DNA samples collected from individuals charged with a crime of violence or burglary, or attempt to commit a crime of violence or burglary, as defined in § 2–501 of this subtitle;
(5)    the sufficiency of protocols and procedures adopted to prevent the unlawful testing of DNA and ensure the expungement of DNA as required under this subtitle; and
(6)    a detailed analysis of the investigations aided by DNA profiles that includes:
(i)    the number of matches;
(ii)    the number of matches that resulted in investigation of the person identified;
(iii)    the number of matches that resulted in formal charges;
(iv)    the number of matches that resulted in convictions;
(v)    the number of matches that resulted in exonerations;
(vi)    the number of matches that resulted in convictions for persons not already incarcerated; and
(vii)    the prior offenses for which a person has been convicted where a match occurred.
2023 Maryland Statutes › Public Safety › Title 2 - Department of State Police › Subtitle 5 - Statewide Dna Database System › Section 2-514 - Annual Report -- Status of Crime Scene Dna Collection and Analysis

(a)    On or before April 1, 2010, and on or before April 1 of every even–numbered year thereafter, each local law enforcement unit shall report to the Governor’s Office of Crime Prevention, Youth, and Victim Services on the status of crime scene DNA collection and analysis in its respective jurisdiction for the preceding calendar year, and the Department shall report to the Governor’s Office of Crime Prevention, Youth, and Victim Services on the status of crime scene DNA collection statewide for the preceding calendar year, including:
(1)    the crimes for which crime scene DNA evidence is routinely collected;
(2)    the approximate number of crime scene DNA evidence samples collected during the preceding year for each category of crime;
(3)    the average time between crime scene DNA evidence collection and analysis;
(4)    the number of crime scene DNA evidence samples collected and not analyzed at the time of the study;
(5)    the number of crime scene DNA evidence samples submitted to the statewide DNA database during the preceding year; and
(6)    the number of crime scene DNA evidence samples, including sexual assault evidence, collected by hospitals in the county during the preceding year.
(b)    The Governor’s Office of Crime Prevention, Youth, and Victim Services shall compile the information reported by the local law enforcement units and the Department under subsection (a) of this section and submit an annual summary report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.
2023 Maryland Statutes › Public Safety › Title 2 - Department of State Police › Subtitle 6 - Local Division › Section 2-601 - Local Division Established

(a)    There is a Local Division in the Department.
(b)    The Department may have and provide the employees, buildings, equipment, facilities, and other operating materials for the Local Division as provided in the State budget.
(c)    The employees in the Local Division are in addition to the regular number of employees in the Department.
2023 Maryland Statutes › Public Safety › Title 2 - Department of State Police › Subtitle 6 - Local Division › Section 2-602 - Agreements With Local Governing Bodies

(a)    (1)    The local governing body of a county and the Secretary may enter into an agreement for the Department to act as and take over all or some of the functions of a local police force for the county or a municipal corporation in the county.
(2)    The local governing body of a county may enter into an agreement with a municipal corporation in the county for the participation of the municipal corporation in an agreement entered into under paragraph (1) of this subsection.
(3)    In Charles County and St. Mary’s County, a municipal corporation also may enter into a separate agreement with the Department.
(b)    (1)    In accordance with an agreement entered into under subsection (a) of this section, the Department within the county shall:
(i)    enforce the public local laws of the county or municipal corporation;
(ii)    perform related police services; and
(iii)    perform the Department’s other and regular duties in the county.
(2)    For purposes of paragraph (1) of this subsection, the Department shall provide the employees, buildings, and facilities that are required by agreement or, if not so required, that the Department considers reasonable and proper to achieve the objectives of the agreement.
(c)    Each agreement entered into under subsection (a) of this section shall provide:
(1)    that the Secretary shall determine the reasonable and proper cost of the Local Division for and within the particular county or municipal corporation;
(2)    that the county or municipal corporation shall reimburse the Department the entire amount of the cost of the Local Division in the county or municipal corporation; and
(3)    for the time and manner of reimbursements by the county or municipal corporation to the Department for the cost of the Local Division.
(d)    (1)    Each agreement entered into under subsection (a) of this section requires the prior approval of the Attorney General as to legal sufficiency.
(2)    Financial arrangements in each agreement entered into under subsection (a) of this section require the prior approval of the Secretary of Budget and Management.
2023 Maryland Statutes › Public Safety › Title 2 - Department of State Police › Subtitle 6 - Local Division › Section 2-603 - Depreciation of Equipment if Agreement Terminated

(a)    If an agreement entered into under § 2-602 of this subtitle is terminated, the value of motor vehicles, radios, and light bars paid for by a county or municipal corporation under the agreement shall be depreciated in accordance with subsection (b) of this section.
(b)    The value of motor vehicles, radios, and light bars shall be depreciated over a 5-year period beginning on the date the equipment was put in service as follows:
(1)    after 1 year, the equipment shall be valued at 80% of its initial cost;
(2)    after 2 years, the equipment shall be valued at 60% of its initial cost;
(3)    after 3 years, the equipment shall be valued at 40% of its initial cost;
(4)    after 4 years, the equipment shall be valued at 20% of its initial cost; and
(5)    after 5 years, the equipment shall be considered to have no remaining value for purposes of this section.
(c)    The Department shall reimburse the county or municipal corporation for the depreciated value of the motor vehicles, radios, and light bars.
2023 Maryland Statutes › Public Safety › Title 2 - Department of State Police › Subtitle 6 - Local Division › Section 2-604 - Termination of Services of Police Employees Under Agreement

(a)    Subject to subsection (b) of this section, if eight or more police employees are assigned to a county or municipal corporation in accordance with an agreement entered into under § 2-602 of this subtitle:
(1)    the county or municipal corporation shall give the Department at least 5 years’ notice whenever the county or municipal corporation decides to terminate the services of police employees provided under the agreement; and
(2)    the number of police employees assigned to the county or municipal corporation in accordance with the agreement shall be phased out over 5 years.
(b)    The Department and county or municipal corporation may modify the manner in which the services of police employees are terminated in an agreement entered into under § 2-602 of this subtitle.
2023 Maryland Statutes › Public Safety › Title 2 - Department of State Police › Subtitle 7 - Vehicle Theft Prevention Council and Vehicle Theft Prevention Fund › Section 2-701 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Commercial motor vehicle” has the meaning stated in § 16-803 of the Transportation Article.
(c)    “Council” means the Vehicle Theft Prevention Council.
(d)    “Fund” means the Vehicle Theft Prevention Fund.