(a) (1) In accordance with regulations adopted under this subtitle, an individual who is convicted of a felony or a violation of § 6-205 or § 6-206 of the Criminal Law Article shall: (i) have a DNA sample collected either at the time of sentence or on intake to a correctional facility, if the individual is sentenced to a term of imprisonment; or (ii) provide a DNA sample as a condition of sentence or probation, if the individual is not sentenced to a term of imprisonment. (2) An individual who was convicted of a felony or a violation of § 6- 205 or § 6-206 of the Criminal Law Article on or before October 1, 2003 and who remains confined in a correctional facility on or after October 1, 1999, shall submit a DNA sample to the Department. (3) (i) In accordance with regulations adopted under this subtitle, a DNA sample shall be collected from an individual who is charged with: 1. a crime of violence or an attempt to commit a crime of violence; or 2. burglary or an attempt to commit burglary. (ii) At the time of collection of the DNA sample under this paragraph, the individual from whom a sample is collected shall be given notice that the DNA record may be expunged and the DNA sample destroyed in accordance with § 2-511 of this subtitle. (iii) DNA evidence collected from a crime scene or collected as evidence of sexual assault at a hospital that a law enforcement investigator considers relevant to the identification or exoneration of a suspect shall be tested as soon as reasonably possible following collection of the sample. (4) An individual required to register as a sex offender under § 11- 704 of the Criminal Procedure Article shall have a DNA sample collected by the supervising authority where the individual is initially required to register. (b) In accordance with regulations adopted under this subtitle, each DNA sample required to be collected under this section shall be collected: (1) by an individual who is: (i) designated by the Director; and (ii) trained in the collection procedures that the Crime Laboratory uses; and (2) (i) at the time the individual is charged, by an employee of a booking facility or the arresting agency; (ii) after a conviction of a qualifying crime under subsection (a)(1) of this section: 1. by an employee of a correctional facility at the time of intake at the correctional facility where the individual is confined, if the individual is confined in a correctional facility on or after October 1, 2003, or is sentenced to a term of imprisonment on or after October 1, 2003; 2. at a facility specified by the Director, if the individual is on probation or is not sentenced to a term of imprisonment; or 3. at a suitable location in a circuit court following the imposition of sentence; or (iii) at the time of registration as a sex offender under § 11-704 of the Criminal Procedure Article, by the supervising authority where the individual is initially required to register, if applicable. (c) Before releasing an individual from custody, the custodial agency or correctional facility shall ensure that the individual's DNA sample has been collected in accordance with this section. (d) (1) In this subsection, "police officer" has the meaning stated in § 3- 301 of this article. (2) A DNA sample collected from an individual charged with a crime under subsection (a)(3) of this section may only be tested or placed in the statewide DNA database system: (i) if: 1. a determination is made by a judge or commissioner of the District Court or a judge of the circuit court, based on an application for a statement of charges filed by a police officer or a State's Attorney, that probable cause exists for a qualifying crime in accordance with the Maryland Rules; 2. the individual has been arrested for a qualifying crime in accordance with an arrest warrant based on an application for a statement of charges filed by a police officer or a State's Attorney; 3. an information is filed by a State's Attorney for a qualifying crime in accordance with § 4-102 of the Criminal Procedure Article; or 4. an indictment is returned by a grand jury charging the individual with a qualifying crime; or (ii) unless requested or consented to by the individual as provided in paragraph (4) of this subsection. (3) If all qualifying criminal charges are determined to be unsupported by probable cause: (i) the DNA sample shall be immediately destroyed; and (ii) notice shall be sent to the defendant and counsel of record for the defendant that the sample was destroyed. (4) An individual may request or consent to have the individual's DNA sample processed prior to a probable cause determination for the sole purpose of having the sample checked against a sample that: (i) has been processed from the crime scene or the hospital; and (ii) is related to the charges against the individual. (e) A second DNA sample shall be taken if needed to obtain sufficient DNA for the statewide DNA database system or if ordered by the court for good cause shown. (f) Failure of an individual who is not sentenced to a term of imprisonment to provide a DNA sample within 90 days after notice by the Director is a violation of probation. (g) (1) An individual may not refuse to provide a DNA sample in accordance with this section. (2) An individual who violates paragraph (1) of this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000. (h) (1) An employee who attempts to collect a DNA sample in accordance with this section, but is unable to collect the sample because the individual who is required to submit the sample refuses to do so, shall be deemed to have discharged the employee's duty under this section. (2) A refusal to submit a DNA sample as required under this section shall be referred to the State's Attorney's office for prosecution under subsection (g) of this section.
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