reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 04 - LICENSING AND PERMITS › Chapter 29.04.08 - Private Detective Agency Licenses and Private Detective Certifications › Section 29.04.08.03 - Certification

Current through Register Vol. 51, No. 14, July 12, 2024
A. Application.
(1) Each individual employee of a private detective agency acting as a private detective is required to submit an application on forms prescribed by the Secretary.
(2) The licensed agency will be provided with applications that shall be completed by the agency and the applicant.
(3) The fee for a private detective certification is $15 plus payment for the cost of both the State and national fingerprint card record checks. The check or money order shall be made payable to the Maryland State Police.
(4) An applicant shall mail or deliver the application to the Licensing Division with the appropriate completed forms, fees, fingerprint cards, and two photographs as provided for in §A(5) of this regulation.
(5) Photographs.
(a) The photographs required under §A(4) of this regulation shall be of the applicant's head and shoulders, 1-1/2 inches square, no hat and light background, taken within 30 days before the filing of the application.
(b) Printed computer-generated photographs that are similar to the size indicated in §A(5)(a) of this regulation and represent a clear display of the applicant's head and shoulders are acceptable.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 04 - LICENSING AND PERMITS › Chapter 29.04.08 - Private Detective Agency Licenses and Private Detective Certifications › Section 29.04.08.04 - Renewal of Certification

Current through Register Vol. 51, No. 14, July 12, 2024
A. Renewed private detective certifications are for a 3-year term.
B. As a condition for certification renewal, an applicant shall submit to the Licensing Division:
(1) A properly completed renewal application; and
(2) A fee of $15 plus payment for the cost of both the State and national fingerprint card record checks.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 04 - LICENSING AND PERMITS › Chapter 29.04.08 - Private Detective Agency Licenses and Private Detective Certifications › Section 29.04.08.05 - Authorization for Employment Verification Required

Current through Register Vol. 51, No. 14, July 12, 2024
An application may not be submitted by an applicant, and a licensee may not submit an application on behalf of an employee for any person who is not a born or naturalized citizen of the United States, unless there is attached to the application a valid work authorization from the Immigration and Naturalization Service.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 04 - LICENSING AND PERMITS › Chapter 29.04.08 - Private Detective Agency Licenses and Private Detective Certifications › Section 29.04.08.06 - Certification Card

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual applying for employment as a private detective, on certification, shall be issued a certification card by the State Police.
B. The issuance and form of the certification shall be in conformance with Business Occupations and Professions Article, §
									13-406, Annotated Code of Maryland.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 04 - LICENSING AND PERMITS › Chapter 29.04.08 - Private Detective Agency Licenses and Private Detective Certifications › Section 29.04.08.07 - Duplicate Certification Cards

Current through Register Vol. 51, No. 14, July 12, 2024
A. A lost, stolen, or damaged certification card shall be reported to the Licensing Division immediately.
B. An individual reporting a lost or stolen certification card shall:
(1) Provide a notarized letter, on company letterhead, verifying present employment and indicating the circumstances of the loss;
(2) Provide any police reports, if available;
(3) Make an appointment to come into the Licensing Division with proper photo identification;
(4) Submit two recent photos, 1-1/2 inches square, depicting the applicant's head and shoulders; and
(5) Pay a $10 processing fee by check or money order, payable to the Maryland State Police.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 04 - LICENSING AND PERMITS › Chapter 29.04.08 - Private Detective Agency Licenses and Private Detective Certifications › Section 29.04.08.08 - Badges

Current through Register Vol. 51, No. 14, July 12, 2024
Use of badges by private detective agencies is subject to the following conditions:
A. Authorization shall be requested in writing on agency letterhead specifying the total number of badges required;
B. Written approval shall be received from the Maryland State Police Licensing Division before issuing any badges;
C. The badges used:
(1) Shall be numbered consecutively within the agency, with no duplication, from number 1;
(2) May be gold finished for principals and corporate officers;
(3) Shall be silver for all other employees; and
(4) Shall contain the full agency name and the word "Investigator";
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 04 - LICENSING AND PERMITS › Chapter 29.04.08 - Private Detective Agency Licenses and Private Detective Certifications › Section 29.04.08.09 - Disqualification

Current through Register Vol. 51, No. 14, July 12, 2024
A. Disqualification.
(1) If an applicant for a private detective certification card does not meet the standards set forth in Business Occupations and Professions Article, Title 13, Annotated Code of Maryland, or this chapter, the employing agency shall receive written notification of disqualification.
(2) An appeal of the disqualification shall be made in writing to the Licensing Division, State Police, within 30 days of receiving written notice.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 04 - LICENSING AND PERMITS › Chapter 29.04.08 - Private Detective Agency Licenses and Private Detective Certifications › Section 29.04.08.10 - Denials of Licenses and Certifications

Current through Register Vol. 51, No. 14, July 12, 2024
A. Informal Review. On initially determining that an applicant or firm does not meet the standards set forth in Business Occupations and Professions Article, Title 13, Annotated Code of Maryland, or this chapter, the Secretary may:
(1) Notify the applicant to appear for an informal review of the application;
(2) Ask the applicant to produce additional documentation for the Secretary to consider; and
(3) If the applicant fails to appear, make a final determination to approve or deny the application for a license or certification based on the information available.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 04 - LICENSING AND PERMITS › Chapter 29.04.08 - Private Detective Agency Licenses and Private Detective Certifications › Section 29.04.08.11 - Appointment of Licensee Upon Vacancy

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon the vacancy of a representative member, an agency shall comply with the time requirements for appointment of a new licensee pursuant to Business Occupations and Professions Article, §
									13-311, Annotated Code of Maryland.
B. An agency may sponsor a new applicant for consideration by the Secretary; however, an appointment may not be made until the Secretary determines that the new applicant qualifies for an agency license.
C. In order for the Secretary to have sufficient time to process the new application and determine the background and qualifications of the new licensee applicant upon a vacancy, an agency shall submit the application to the Secretary within 30 days after the date of the vacancy.
D. If, for any reason, an agency does not submit an application for a new licensee within 30 days after a vacancy, the agency shall be automatically suspended pursuant to Business Occupations and Professions Article, §
									13-701, Annotated Code of Maryland.
E. An agency shall remain suspended until such time as the Secretary completes the background investigation and issues a license.
F. If an individual holding an agency license vacates the position or the position is vacated by a death, an agency license shall be voided and a new license issued on application, completed investigation, and approval by the Secretary. If the agency continues to use the same trade name, additional fees are not assessed.
G. If the applicant has submitted the application within 30 days of the vacancy, and the Secretary has not received the fingerprint background results within 90 days from the date of the application:
(1) A computer background check shall be conducted of the applicant based on identifying characteristics and information provided on the application form;
(2) If the applicant otherwise qualifies, a license may be approved and issued to the applicant based on the investigation and computer background checks results; and
(3) Unless the fingerprint results or any other investigation reveals a disqualifying offense or questionable character, further action will not be taken by the Secretary.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 04 - LICENSING AND PERMITS › Chapter 29.04.08 - Private Detective Agency Licenses and Private Detective Certifications › Section 29.04.08.12 - Surrender of Agency License or Certification

Current through Register Vol. 51, No. 14, July 12, 2024
A. A private detective agency license or certification card issued to the applicant is valid only for the agency identified on the license or certification card.
B. The card remains the property of the State and shall be returned to the Secretary by the licensee or the card holder, through the Licensing Division, within 5 days after:
(1) It is voluntarily surrendered;
(2) It is suspended or revoked by the Secretary for violation of this chapter or Business Occupations and Professions Article, Title 13, Annotated Code of Maryland;
(3) The holder is convicted of a crime listed in Regulation .03C of this chapter;
(4) Death of the holder occurs; or
(5) In the case of a person holding a certification, the holder terminates employment with the private detective agency through which the applicant obtained a private detective certification.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 04 - LICENSING AND PERMITS › Chapter 29.04.08 - Private Detective Agency Licenses and Private Detective Certifications › Section 29.04.08.13 - Armed Private Detectives; Documentation of Weapon Information Required

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a private detective agency employs armed private detectives, the agency shall maintain a list for each armed private detective of:
(1) The weapon type;
(2) The weapon's serial number; and
(3) Whether the weapon is agency owned or personally owned.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 04 - LICENSING AND PERMITS › Chapter 29.04.08 - Private Detective Agency Licenses and Private Detective Certifications › Section 29.04.08.14 - Reprimands, Fines, Suspensions, and Revocations

Current through Register Vol. 51, No. 14, July 12, 2024
A. To provide consistency in certain actions taken against any licensee, firm, or person that holds a private detective certification, a penalty matrix is established in §D of this regulation.
B. For the purpose of this chapter, a license term is defined as the period of time from the date of issuance of a license to the date of expiration or revocation, inclusive of all renewals.
C. The penalty matrix is a general working guide. This regulation does not prevent the Secretary from administering any penalty deemed necessary in the best interest of the public or industry.
D. The Secretary establishes the penalty matrix as follows:
(1) Category A-Offenses and Penalties:
(a) Category A offenses are as follows:
(i) Agency failing to notify the Licensing Division of a change of address or telephone number, or a change of licensee or corporate officer status;
(ii) Agency using badges not approved by the Secretary; and
(iii) Agency using a trade name not approved through the State;
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 05 - CRIME LABORATORY › Chapter 29.05.01 - Statewide DNA Data Base System and Repository › Section 29.05.01.01-1 - Incorporation by Reference

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following documents are incorporated by reference.
B. Documents Incorporated.
(1) Quality Assurance Standards for Forensic DNA Testing Laboratories (October 1, 1998).
(2) Quality Assurance Standards for Convicted Offender DNA Databasing Laboratories (April 1, 1999).
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 05 - CRIME LABORATORY › Chapter 29.05.01 - Statewide DNA Data Base System and Repository › Section 29.05.01.02 - Introduction

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope.
(1) This chapter governs only the collection, submission, receipt, identification, testing, storage, and disposal of DNA samples from individuals arrested and charged or convicted, or both, for various specified crimes and the entry of the samples into the State DNA Data Base System and CODIS pursuant to Public Safety Article, §
										2-501 et seq., Annotated Code of Maryland. This chapter does not govern evidentiary, suspect, and forensic samples otherwise legally obtained, whether by search warrant, court order, consent, or other method except as specifically provided in Regulation .16 of this chapter.
(2) If an individual is suspected of committing a crime and a law enforcement agency wishes to obtain a DNA sample from the suspect to compare to evidence collected at a crime scene, and obtains court authorization to collect the DNA sample at the time of arrest, this sample is not one collected pursuant to this chapter and is not, therefore, handled in accordance with this chapter.
(3) As noted in §A(2) of this regulation, if an individual's DNA sample is collected pursuant to a court authorization, such as a search warrant or court order, at the time of the individual's arrest, another DNA sample shall also be taken upon charging if the arrest is for a qualifying crime as set forth in this chapter. This DNA data base sample shall be handled in accordance with the terms of this chapter, including the time of taking, analyzing, and expungement, if applicable.
(4) If an individual's DNA sample is taken pursuant to court authorization and not due to the individual's being arrested and charged for a qualifying crime under this chapter, the regulations concerning collection, analysis, use, and expungement are not applicable.
(5) Only DNA data base samples that are required to be taken pursuant to Public Safety Article, §
										2-501 et seq., Annotated Code of Maryland, are subject to the terms and requirements of this chapter except as specifically provided in Regulation .06 of this chapter.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 05 - CRIME LABORATORY › Chapter 29.05.01 - Statewide DNA Data Base System and Repository › Section 29.05.01.03 - System Maintenance

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Director shall:
(1) Administer and manage the Statewide DNA Data Base System;
(2) Consult with the Secretary to establish system protocols and operations;
(3) Ensure compatibility with Federal Bureau of Investigation and CODIS requirements, including the use of:
(a) Comparable test procedures;
(b) Quality assurance, proficiency tests, and audits;
(c) Laboratory equipment;
(d) Computer software and hardware; and
(4) Ensure the security and confidentiality of all records in the system.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 05 - CRIME LABORATORY › Chapter 29.05.01 - Statewide DNA Data Base System and Repository › Section 29.05.01.04 - Collecting Samples

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual shall have a DNA sample collected if:
(1) Charged with a crime of violence or an attempt to commit a crime of violence;
(2) Charged with burglary or an attempt to commit burglary;
(3) Convicted of a qualifying crime; or
(4) Ordered by a court.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 05 - CRIME LABORATORY › Chapter 29.05.01 - Statewide DNA Data Base System and Repository › Section 29.05.01.05 - Transporting Samples

Current through Register Vol. 51, No. 14, July 12, 2024
Samples shall be transported from a prison, detention facility, or other authorized location to the Crime Laboratory by:
A. Contract courier;
B. First class U.S. mail service; or
C. State Police personnel.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 05 - CRIME LABORATORY › Chapter 29.05.01 - Statewide DNA Data Base System and Repository › Section 29.05.01.06 - Using Samples

Current through Register Vol. 51, No. 14, July 12, 2024
A. Only DNA records that directly relate to the forensic identification of individuals shall be collected and stored.
B. The Statewide DNA Data Base System may not be used 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 arrestee or convicted offender sample was acquired.
C. To the extent fiscal resources are available, arrestee or convicted offender DNA samples shall be tested, and the records only used:
(1) To analyze and type genetic markers contained in or derived from DNA samples;
(2) To further a criminal offense investigation;
(3) To assist in the identification of human remains;
(4) To assist in the identification of missing persons; and
(5) For research and administrative purposes, including:
(a) Development of a population data base after personal identifying information is removed;
(b) Support of identification research and protocol development of forensic DNA analysis methods; and
(c) Quality control purposes.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 05 - CRIME LABORATORY › Chapter 29.05.01 - Statewide DNA Data Base System and Repository › Section 29.05.01.07 - Storing Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. The records shall be stored in a secured computer system and secured laboratory files according to State Police standard operating procedures and CODIS requirements.
B. Records and specimen information shall be identified by:
(1) A unique laboratory tracking number;
(2) Name of the donor;
(3) State identification number;
(4) Date of birth;
(5) Name and place of collection;
(6) Collector's name;
(7) Date sample was taken;
(8) Type of offense;
(9) Race; and
(10) Sex.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 05 - CRIME LABORATORY › Chapter 29.05.01 - Statewide DNA Data Base System and Repository › Section 29.05.01.08 - Storing Samples

Current through Register Vol. 51, No. 14, July 12, 2024
A. Blood, body fluid, or tissue samples shall be given a unique laboratory tracking number.
B. Samples shall be stored in a secured area according to State Police standard operating procedures.
C. Samples shall only be accessible to designated personnel.
D. The DNA data base information/chain of custody cards shall be maintained in secured laboratory files.
E. When preserving a sample for storage, it may be condensed or dried in accordance with accepted standard practices for the type of sample being stored. Excess sample matter and its container may be discarded.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 05 - CRIME LABORATORY › Chapter 29.05.01 - Statewide DNA Data Base System and Repository › Section 29.05.01.09 - Storing Typing Results

Current through Register Vol. 51, No. 14, July 12, 2024
A. Blood, body fluid, or tissue samples shall be analyzed according to State Police protocol and standard operating procedures by personnel qualified under the FBI Standards and CODIS requirements.
B. The analytically derived typing results shall be filed according to the unique laboratory tracking number in a secured computer and laboratory files. Secured results shall be entered into the system upon review by a second analyst. These files are accessible to qualified personnel only.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 05 - CRIME LABORATORY › Chapter 29.05.01 - Statewide DNA Data Base System and Repository › Section 29.05.01.10 - Quality Assurance

Current through Register Vol. 51, No. 14, July 12, 2024
A. Any procedure adopted by the Director shall include quality assurance guidelines to ensure that DNA identification records meet standards and audit requirements for laboratories that submit DNA records for inclusion in the Statewide DNA Data Base System and CODIS.
B. The Crime Laboratory and each analyst performing DNA analyses at the Crime Laboratory shall undergo, twice yearly, external proficiency testing by a DNA proficiency testing program that meets the standards as follows:
(1) Section 1003 of the Federal DNA Identification Act of 1994; or
(2) FBI Standards.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 05 - CRIME LABORATORY › Chapter 29.05.01 - Statewide DNA Data Base System and Repository › Section 29.05.01.11 - Access to DNA Data

Current through Register Vol. 51, No. 14, July 12, 2024
A. A request by letter for obtaining information from the Statewide DNA Data Base System and CODIS shall be submitted to the Director, from the requesting agency's department head or designee.
B. The letter from the requesting agency shall contain:
(1) The reason for conducting the search;
(2) The type of criminal offense;
(3) The intentions of prosecution;
(4) The authority behind requesting the search;
(5) The details concerning the source of specimens within the "Target DNA" files; and
(6) A laboratory point of contact, telephone number, and email address.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 05 - CRIME LABORATORY › Chapter 29.05.01 - Statewide DNA Data Base System and Repository › Section 29.05.01.12 - Match-Evidence and Data Base

Current through Register Vol. 51, No. 14, July 12, 2024
A match obtained between an evidence sample and a data base entry may only be used as probable cause to obtain a new DNA sample from the subject and is not admissible at trial unless confirmed by additional testing.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 05 - CRIME LABORATORY › Chapter 29.05.01 - Statewide DNA Data Base System and Repository › Section 29.05.01.13 - Population Data Base

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Director shall create a population data base comprised of DNA samples obtained from the general population.
B. All personal identifiers shall be removed before the information is entered into the population data base.
C. The population data base information may be shared or disseminated with the following:
(1) Federal, state, or local law enforcement agencies;
(2) Crime laboratories that serve federal, state, and local law enforcement agencies that have been approved by the Director;
(3) A State's attorney's office; or
(4) A third party that the Director deems necessary to assist the Crime Laboratory with statistical analysis of the population data base.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 05 - CRIME LABORATORY › Chapter 29.05.01 - Statewide DNA Data Base System and Repository › Section 29.05.01.14 - Expunging DNA Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual whose DNA record or profile has been included in the Statewide DNA Data Base System and whose DNA sample is stored in the Statewide DNA repository may request that information be expunged on the grounds that the conviction which resulted in its inclusion meets the expungement criteria specified in Criminal Procedure Article, §
									10-105, Annotated Code of Maryland.
B. Upon receipt of an order of expungement, the Director shall purge a DNA record, DNA sample, or other identifiable information covered by the order from the Statewide DNA Data Base System and the Statewide DNA repository.
C. A DNA sample collected from an arrestee shall be immediately destroyed if all qualifying criminal charges are determined to be unsupported by probable cause. Notice shall be provided to the defendant and counsel, if any, of the destruction.
D. A DNA sample and DNA record collected from an arrestee shall be automatically expunged from any data base into which it has been entered if:
(1) The criminal action against the individual does not result in a conviction of the individual and there is no further trial, disposition, appeal, or other proceeding in the criminal action;
(2) The conviction is finally reversed or vacated and no new trial is permitted; or
(3) The individual is granted an unconditional pardon.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 05 - CRIME LABORATORY › Chapter 29.05.01 - Statewide DNA Data Base System and Repository › Section 29.05.01.15 - Unauthorized Use

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual who, by virtue of employment or official position, has possession of or access to individual identifiable DNA information contained in the Statewide DNA Data Base System or Statewide DNA repository and who willfully discloses that information in any manner to a person or agency not entitled to receive that information is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 5 years, or both.
B. A person who, without authorization, willfully obtains individually identifiable DNA information from the Statewide DNA Data Base System or repository is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 5 years, or both.
C. An individual who willfully tests an arrestee or convicted offender DNA sample for information that does not relate to the identification of individuals as specified by Public Safety Article, §
									2-501 et seq., Annotated Code of Maryland, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 5 years, or both.
D. An individual who willfully fails to destroy an arrestee or convicted offender DNA sample under the following circumstances is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year, or both:
(1) When notification has been sent stating that the DNA sample obtained pursuant to Public Safety Article, §
										2-501 et seq., Annotated Code of Maryland, has been destroyed; or
(2) Destruction has been court ordered.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 05 - CRIME LABORATORY › Chapter 29.05.01 - Statewide DNA Data Base System and Repository › Section 29.05.01.16 - Reporting Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Not later than April 1, 2010, and annually thereafter, the Department of State Police shall compile an annual report to the Governor and to the General Assembly. The annual report or a hyperlink to it shall be posted on the website of the Department of State Police not later than April 1 of each year.
B. Content of the Annual Report.
(1) The annual report shall include, for the preceding calendar year, total expenses that the Crime Laboratory incurred to operate the Statewide DNA Data Base System including:
(a) Full-time, part-time, and contractual salary and fringe benefit costs for scientists and support personnel assigned to the State Police Crime Laboratory for DNA data base purposes;
(b) DNA collection kit costs, including costs required to transport kits from collection sites to the Crime Lab;
(c) DNA data base operational costs, including new hardware, software, and maintenance; and
(d) DNA testing and analysis costs, including in-house equipment purchased and outsource testing and analysis costs.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 05 - CRIME LABORATORY › Chapter 29.05.02 - Ballistic Fingerprinting › Section 29.05.02.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Crime Laboratory" means the Department of State Police Forensic Sciences Division.
(2) "Director" means the Director of the Department of State Police Forensic Sciences Division or the Director's designee.
(3) "Handgun" has the meaning stated in Public Safety Article, §
										5-101(n), Annotated Code of Maryland.
(4) "Manufacturer" has the meaning stated in Public Safety Article, §
										5-131(a)(2), Annotated Code of Maryland.
(5) "NIBIN" means National Integrated Ballistics Information Network.
(6) "Profile" means to electronically store remarkable characteristics of a shell casing, such as caliber, manufacturer of handgun from which it was test fired, and rifling characteristics.
(7) "Projectile" has the meaning stated in Public Safety Article, §
										5-131(a)(3), Annotated Code of Maryland.
(8) "Rifling characteristics" means the number of lands and grooves in the barrel of a handgun, including right or left twist.
(9) "Sealed container" means a paper coin envelope, Kraft #5, measuring 2-7/8 x 5-1/4 inches or equivalent and held closed by tape across the opening.
(10) "Secretary" has the meaning stated in Public Safety Article, §
										5-101(s), Annotated Code of Maryland.
(11) "Shell casing" has the meaning stated in Public Safety Article, §
										5-131(a)(4), Annotated Code of Maryland.
(12) "Statewide Shell Casing Data Base" means a specific data base for the purpose of electronically capturing and storing profile information generated from shell casings described in Public Safety Article §§
										5-105 and  5-131, Annotated Code of Maryland.
(13) "Statewide Shell Casing Repository" means a secure storage area within the Department of State Police Forensic Sciences Division for the retention of shell casings as required by Public Safety Article, §§
										5-105 and  5-131, Annotated Code of Maryland.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 05 - CRIME LABORATORY › Chapter 29.05.02 - Ballistic Fingerprinting › Section 29.05.02.02 - Introduction

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary, after consulting with the Director, shall establish policies and procedures for the:
(1) Collection, submission, identification, acquisition of profile, storage, and disposal of shell casings provided by dealers from all new handguns sold in the State; and
(2) Access to the Statewide Shell Casing Data Base or dissemination of search results.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 05 - CRIME LABORATORY › Chapter 29.05.02 - Ballistic Fingerprinting › Section 29.05.02.03 - System Maintenance

Current through Register Vol. 51, No. 14, July 12, 2024
The Director shall:
A. Administer and manage the Statewide Shell Casing Data Base System;
B. Consult with the Secretary to establish system protocols and operations;
C. Ensure compatibility with the Bureau of Alcohol, Tobacco, Firearms and Explosives' (BATFE) NIBIN system, where feasible, when the system becomes available; and
D. Ensure the security of the shell casings and records in the Statewide Data Base.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 05 - CRIME LABORATORY › Chapter 29.05.02 - Ballistic Fingerprinting › Section 29.05.02.04 - Storing Shell Casings

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each shell casing shall be given a unique laboratory tracking number.
B. Shell casings shall be stored in a secure manner after processing according to Crime Laboratory standard operating procedures.
C. Shell casings shall only be accessible to designated personnel.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 05 - CRIME LABORATORY › Chapter 29.05.02 - Ballistic Fingerprinting › Section 29.05.02.05 - Data Entry

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon receipt of the shell casings and required information, the Crime Laboratory shall enter the profiling information of each shell casing, into all pertinent data bases for the purpose of creating a searchable record.
B. The pertinent data base shall be searchable for comparison purposes to shell casings from crime scenes for the purpose of identifying the source of these casings.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 05 - CRIME LABORATORY › Chapter 29.05.02 - Ballistic Fingerprinting › Section 29.05.02.06 - Storing Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. The records shall be stored in a secured computer system and secured laboratory files according to Crime Laboratory standard operating procedures.
B. Records and specimen information shall be identified by:
(1) A unique laboratory tracking number;
(2) Name of the dealer;
(3) Manufacturer;
(4) Model name or number, or both;
(5) Serial number;
(6) Date of test firing;
(7) Name of the technician attesting to the authenticity of the shell casing;
(8) Caliber;
(9) Rifling characteristics; and
(10) Application numbers.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 05 - CRIME LABORATORY › Chapter 29.05.02 - Ballistic Fingerprinting › Section 29.05.02.07 - Access to Shell Casing Profile Information

Current through Register Vol. 51, No. 14, July 12, 2024
A. A request to obtain information from the Statewide Shell Casing Data Base System shall be submitted to the Director or designee, in writing, by the requesting law enforcement agency on that agency's letterhead or form MSP 67.
B. The letter from the requesting agency shall contain:
(1) The reason for conducting the search;
(2) The type of criminal offense;
(3) The intentions of prosecution;
(4) The authority to request the search;
(5) The details concerning the source of specimens within the Crime Scene Shell Casing files; and
(6) A laboratory point of contact or telephone number of the investigator, or both.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 05 - CRIME LABORATORY › Chapter 29.05.02 - Ballistic Fingerprinting › Section 29.05.02.08 - Expunging Shell Casing Profile Information

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual handgun owner whose shell casing record has been included in the Statewide Shell Casing Data Base and Repository may request by court order that this information be expunged on the grounds that the inclusion was in error.
B. Upon receipt of a court order of expungement, the Director shall purge a shell casing profile, shell casing, or other identifiable information covered by the order from the Statewide Shell Casing Data Base System and Statewide Shell Casing Repository.
C. When proof of the destruction of the weapon is received by the Crime Laboratory, profiles and shell casings may be expunged at the discretion of the Director.
D. Records and samples not previously expunged will be expunged 100 years from the year submitted.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 05 - CRIME LABORATORY › Chapter 29.05.03 - Testing Blood and Breath for Alcohol › Section 29.05.03.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter establishes training and certification criteria of personnel performing tests of breath and blood for the purpose of determining the alcohol content of drivers suspected of driving while impaired or under the influence of alcohol and approval and certification criteria for equipment used in conducting these tests.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 05 - CRIME LABORATORY › Chapter 29.05.03 - Testing Blood and Breath for Alcohol › Section 29.05.03.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Agency" means any law enforcement agency approved to test breath or blood for alcohol content.
(2) "Alcohol" means ethyl alcohol (ethanol).
(3) "Alcohol gas standard" means a container of compressed gas containing a specific concentration of alcohol.
(4) "Alcohol reference solution" means a water solution containing a specific concentration of alcohol.
(5) "Breath sample" means the amount of breath delivered by the individual being tested that is an adequate volume to be analyzed by the breath testing instrument.
(6) "CTAU" means the Chemical Test for Alcohol Unit within the Department of Maryland State Police.
(7) "CTAU supervisor" means the individual designated by the Commander or Director of CTAU and approved by the Toxicologist to supervise the CTAU.
(8) "Preliminary breath testing (PBT) device" means a portable, roadside screening device approved by the Toxicologist, pursuant to Transportation Article, §
										16-205.2, Annotated Code of Maryland, for use on individuals stopped for suspicion of driving while impaired or under the influence of alcohol.
(9) "Qualified medical person" means an individual permitted by any state to withdraw blood from humans.
(10) "Qualified person" has the meaning stated in Courts and Judicial Proceedings Article, §
										10-304, Annotated Code of Maryland.
(11) "Representative of the Toxicologist" means any employee supervised by the Toxicologist or an employee of the Department of State Police designated by the Toxicologist to act as the authorized representative of the Toxicologist.
(12) "Toxicologist" means the Chief Toxicologist or State Toxicologist in the Department of State Police Forensic Sciences Division.
(13) "Validation test" means a test of specific alcohol concentration used to verify the calibration of a breath testing instrument.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 05 - CRIME LABORATORY › Chapter 29.05.03 - Testing Blood and Breath for Alcohol › Section 29.05.03.03 - Alcohol Tests - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. Alcohol Concentration of Breath. The alcohol concentration of breath shall be reported as grams of alcohol per 210 liters of breath (g/210L).
B. Alcohol Concentration of Blood. The alcohol concentration of blood shall be reported as grams of alcohol per 100 milliliters of blood (g/100 mL).
C. Uncertainty.
(1) For breath tests for alcohol content, the accepted scientific uncertainty in measurement is plus or minus 0.005 g/210L or 10 percent of the average of measurements, whichever is greater.
(2) For blood tests for alcohol content, the accepted scientific uncertainty in measurement is plus or minus 0.005 g/100 mL or 10 percent of the average of measurements, whichever is greater.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 05 - CRIME LABORATORY › Chapter 29.05.03 - Testing Blood and Breath for Alcohol › Section 29.05.03.04 - Preliminary Tests of Breath for Alcohol

Current through Register Vol. 51, No. 14, July 12, 2024
A. PBT Devices.
(1) The Toxicologist shall:
(a) Approve the make and model of PBT devices used in the State; and
(b) Maintain a list of approved make and model PBT devices.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 05 - CRIME LABORATORY › Chapter 29.05.03 - Testing Blood and Breath for Alcohol › Section 29.05.03.05 - Evidentiary Tests of Breath for Alcohol: Testing Agencies and Training Programs

Current through Register Vol. 51, No. 14, July 12, 2024
A. Testing Agencies.
(1) An agency desiring approval to conduct evidentiary breath tests shall make a written request to the Toxicologist.
(2) An agency requesting approval to conduct breath tests shall:
(a) Offer 24-hour law enforcement service;
(b) Provide an environmentally controlled area and a phone line exclusively for the breath testing instrument;
(c) Provide expendable supplies needed for personnel to operate the equipment; and
(d) Have a minimum of 20 full-time sworn law enforcement officers.
(3) An agency shall have a breath test supervisor who shall administer and coordinate all alcohol testing related activities with CTAU and the Toxicologist.
(4) The breath test supervisor shall be a breath test operator.
(5) An agency's approval to conduct breath testing may be withdrawn by the Toxicologist or their representative based on:
(a) A substantial failure to comply with this chapter; or
(b) Inadequate State resources.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 05 - CRIME LABORATORY › Chapter 29.05.03 - Testing Blood and Breath for Alcohol › Section 29.05.03.06 - Evidentiary Tests of Breath for Alcohol: Personnel - Training

Current through Register Vol. 51, No. 14, July 12, 2024
A. Breath Test Operator.
(1) Initial Certification as a Qualified Person.
(a) To become a qualified breath test operator, a qualified person shall be:
(i) A full-time law enforcement officer of an agency approved to conduct breath tests;
(ii) A full-time laboratory technician of an agency approved to conduct breath tests;
(iii) An employee of the Toxicologist; or
(iv) Any individual designated by the Toxicologist.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 05 - CRIME LABORATORY › Chapter 29.05.03 - Testing Blood and Breath for Alcohol › Section 29.05.03.07 - Evidentiary Tests of Breath for Alcohol: Personnel - Duties

Current through Register Vol. 51, No. 14, July 12, 2024
A. Breath Test Operator.
(1) A breath test operator shall:
(a) Perform breath tests for alcohol in accordance with training;
(b) Perform at least one test per month, either a subject or simulation test;
(c) Notify CTAU of the following:
(i) Test results that deviate greater than plus or minus 10 percent of the stated concentration for any validation test; or
(ii) Mechanical problems with the breath testing instrument; and
(d) Complete all required reports.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 05 - CRIME LABORATORY › Chapter 29.05.03 - Testing Blood and Breath for Alcohol › Section 29.05.03.08 - Evidentiary Tests of Breath for Alcohol: Instruments and Testing Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. Breath Testing Instruments.
(1) The Toxicologist shall approve all instruments to be used in the State for the purpose of testing breath for alcohol content pursuant to Courts and Judicial Proceedings Article, §§
										10-302 and  10-304, Annotated Code of Maryland.
(2) An agency shall only use an instrument that has been approved by the Toxicologist.
(3) An individual may receive a copy of the list of the manufacturers and models of currently approved instruments from the Department of State Police Forensic Sciences Division at no charge.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 05 - CRIME LABORATORY › Chapter 29.05.03 - Testing Blood and Breath for Alcohol › Section 29.05.03.09 - Evidentiary Tests of Blood for Alcohol

Current through Register Vol. 51, No. 14, July 12, 2024
A. Laboratories and Procedures for Analysis.
(1) Laboratories.
(a) The Department of Maryland State Police Forensic Sciences Division is an approved laboratory to conduct tests of blood for alcohol.
(b) Approval by the Toxicologist of any other laboratory is required before it may perform any test of blood for alcohol in accordance with Courts and Judicial Proceedings Article, §
											10-304, Annotated Code of Maryland.
(c) An individual may receive a copy of the list of currently approved laboratories from the Department of Maryland State Police Forensic Sciences Division at no charge.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 06 - FIRE PREVENTION COMMISSION › Chapter 29.06.01 - Fire Prevention Code › Section 29.06.01.02 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. The purpose of this chapter is to establish minimum requirements that will provide a reasonable degree of fire prevention and control to safeguard life, property, or public welfare from:
(1) The hazards of fire and explosion arising from the storage, handling, or use of substances, materials, or devices; and
(2) Conditions hazardous to life, property, or public welfare in the use or occupancy of buildings, structures, sheds, tents, lots, or premises.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 06 - FIRE PREVENTION COMMISSION › Chapter 29.06.01 - Fire Prevention Code › Section 29.06.01.03 - Application and Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter applies to both new and existing buildings and conditions. In various sections there are specific provisions for existing buildings that may differ from those for new buildings. Unless otherwise noted, this chapter does not apply to facilities, equipment, structures, or installations that were existing or approved for construction or installation before the effective date of this chapter, except in those cases in which it is determined by the authority having jurisdiction (AHJ) that the existing situation constitutes a hazard so inimical to the public welfare and safety as to require correction. The requirements for existing buildings and conditions may be modified if their application clearly would be impractical in the judgment of the AHJ, but only if it is clearly evident that a reasonable degree of safety is provided. The State Fire Marshal or the legally appointed designee has the authority to make a determination of the applicability of this chapter to any building or condition in it, subject to the right of appeal to the State Fire Prevention Commission as prescribed in COMAR 29.06.02.
B. Repealed.
C. The provisions of this chapter do not apply in Baltimore City except to those buildings and conditions specifically prescribed in Public Safety Article, Title 6, Subtitle 4, Annotated Code of Maryland.
D. The provisions of this chapter do not apply to buildings used solely as dwelling houses for not more than two families as prescribed in Public Safety Article, Title 6, Subtitle 3, Annotated Code of Maryland.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 06 - FIRE PREVENTION COMMISSION › Chapter 29.06.01 - Fire Prevention Code › Section 29.06.01.04 - Enforcement

Current through Register Vol. 51, No. 14, July 12, 2024
A. Enforcement of this chapter is the responsibility of:
(1) The State Fire Marshal;
(2) A legally designated fire official of a county or municipal corporation of the State; or
(3) Other persons legally appointed by the State Fire Marshal under Public Safety Article, Title 6, Subtitle 3, Annotated Code of Maryland.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 06 - FIRE PREVENTION COMMISSION › Chapter 29.06.01 - Fire Prevention Code › Section 29.06.01.05 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Authority having jurisdiction (AHJ)" means the State Fire Marshal or the legally appointed designee as prescribed in this chapter.
(2) "International Code Council (ICC)" means International Code Council, Inc., 500 New Jersey Avenue N.W., 6th Floor, Washington, DC 20001-2070.
(3) "Legally appointed designee" means those local or county officials specifically authorized under the Public Safety Article, Annotated Code of Maryland, to enforce the provisions of the State Fire Laws and State Fire Prevention Code.
(4) "New building or condition" means a building, structure, installation, plant, equipment, renovation, or condition:
(a) For which a building permit is issued on or after the effective date of this chapter;
(b) On which actual construction is started on or after the effective date of this chapter in a jurisdiction where a building permit is not required;
(c) Which represents a change from one occupancy classification to another on or after the effective date of this chapter; or
(d) Which represents a situation, circumstance, or physical makeup of any structure, premise, or process that was commenced on or after the effective date of this chapter.
(5) "NFPA" means National Fire Protection Association, 1 Batterymarch Park, P.O. Box 9101, Quincy, MA 02269-9101.