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DNA 2003

Expands DNA registration to include all convicted felons and juveniles adjudicated for felonies against a person. Makes it a felony for a person required to submit a DNA sample to refuse to do so. Includes identification of human remains and testing related to exoneration of the innocent to allowed law uses of the DNA registration system.

Retroactively applies requirement for submitting DNA sample to qualifying offenders in custody or under supervision of state or local jurisdiction. Adds juveniles adjudicated delinquent for violation of class 2 drug offenses, even if not prosecuted as an adult, to those who must provide sample.

Expands DNA data base to require sampling of persons convicted of all felony offenses resulting in confinement; and of certain misdemeanor sexual offenses. Includes retroactive inclusion of persons currently confined. Eliminates from DNA sampling requirement juvenile delinquent adjudications.

Requires juvenile sex offender assessment and authorizes the court to require sex offender registration and. Limits collection of DNA samples from juveniles adjudicated delinquent only for serious sex offenses, other violent crimes.

Establishes the "Sexual Assault Victims' DNA Bill of Rights." Authorizes law enforcement agencies, in certain felony sex offenses and upon request, to inform the victim whether or not a DNA profile was formed from the rape kit or crime scene evidence, whether such information was entered into the DNA databank, and whether a match was obtained through the database. Provides the victim with written notification if the agency elects not to perform DNA testing or if the agency intends to destroy rape kit evidence prior to the expiration of the statute of limitations for prosecution. Allows the victim to file a writ of mandamus for the failure of agencies to comply with these provisions (which prompts a court order.)

Allows an incarcerated person to file a motion for post-conviction DNA testing, where biological evidence in the case is available and not previously tested. Petitioner shall bears all costs of testing and is afforded the right to appeal the denial of the DNA request. States that no law enforcement duty to preserve or liability for failure to preserve such evidence is created as a result of this act. Provides that DNA profiles obtained as a result of post-conviction testing ordered are to be available to state and federal data bases.

Expands DNA database to include all convicted felons. Includes, retroactively, persons on probation or parole who must provide a sample prior to discharge from supervision. Creates a DNA Data Bank Oversight Panel, to coordinate responsibilities and ensure integrity of data bank collections and records. Refines law regarding DNA post-conviction relief. Provides that courts may determine whether costs of post-conviction DNA testing be borne by the state or the petitioner, except that such testing may not be denied because of the inability of the petitioner to pay. Establishes an advisory commission to review cases of wrongful conviction.

Extends the date of termination for filing motions for post-conviction DNA testing.

Clarifies responsibility of local law enforcement or detention personnel to collect DNA samples from qualifying offenders.

Provides for motions for post-conviction DNA testing, where evidence exists that was not previously subjected to DNA testing. Requires victims be notified of a defendant's motion for a new trial. Requires 10-year preservation of criminal cases physical evidence; and in death penalty cases, maintenance of evidence until the sentence is carried out.

Allows agencies designated by the Department of State Police to contract with third parties to provide for the collection or analysis of offender DNA. Provides that duly authorized law enforcement and corrections personnel may employ reasonable force when an individual refuses to provide required DNA samples.

Allows prosecution of sex crimes within three years of statutory statute of limitations when the identity of the offender is established thereafter with a DNA profile, with retroactive application.

Expands DNA data base to include all persons arrested for or convicted of a felony, including "felony-grade delinquent acts." Allows reasonable use of force as needed to collect such samples. Provides for implementation of arrestee samples only to the extent that funding is available. Allows prosecution of sex crimes within three years of statutory statute of limitations when the identity of the offender is established thereafter with a DNA profile, with retroactive application. Establishes that detention, arrest or conviction of a person based on a data base match is not invalidated if it is determined that the sample was obtained or placed in the data base by mistake.

Extends the period in which a person may file an application for post-conviction DNA testing.

Adds juveniles who have been adjudicated for qualifying felonies to those who must provide DNA sample for the data base.

Maryland SB 363 b

Allows violent criminals to petition for post-conviction DNA testing, if scientific evidence exists which has not been previously tested and which has been subject to a credible chain of custody. Requires the petitioner to bear the initial costs of such testing and with state reimbursement if the testing is found favorable to the petitioner. Sets requirements regarding preservation and circumstances for disposal of evidence. Requires that DNA samples from convicted felons be collected upon entrance to a correctional facility or as a condition of sentence or probation. Provides that matches between an evidence sample and data base entry may be used as probable cause for additional testing, and are admissible at trial only after confirmed by such additional testing.

Eliminates the $60 assessment imposed on adult offenders convicted of a crime for which a DNA sample is required for the state's offender database. (Part of a package of bills that revised, consolidated fees for revenue.)

Eliminates the $60 assessment imposed on juveniles found responsible for an act for which a DNA sample is required for the state's offender database. (Part of a package of bills that revised, consolidated fees for revenue.)

Amends assessment for the Forensic Laboratory Fund, eliminating a separate $150 assessment imposed on individuals convicted in criminal cases involving forensic test or a criminal sexual conduct offense, replacing those funds with other earmarks.

Extends law requiring collection of DNA samples from all offenders convicted of a felony (with testing to occur at a later date when funding is available).

Requires documentation of the chain of custody of blood specimens for forensic analysis in order that those be admissible in criminal hearing or trial.

Authorizes the Department of Corrections to secure DNA samples from all convicted felons, subject to the availability of funds.

Appropriates educational aide to wrongfully convicted persons exonerated by postconviction DNA evidence. Allows regents of higher education to waive fees and tuition for qualified persons.

Requires persons convicted of failure to register as a sex offender to submit a DNA sample.

Allows persons convicted and sentenced to death to request a genetic maker analysis of evidence in state custody which may contain information relating to the investigation or prosecution that resulted in the judgment. Allows for new trial based on new evidence discovered.

Expands to all persons convicted of or found not guilty by reason of insanity of criminal offenses the requirement they provide a blood sample for DNA testing. Includes juveniles adjudicated for criminal acts. Applies retroactively to persons incarcerated or under supervision for qualifying acts. Requires that only certain trained professionals collect blood samples. Creates the NJ Forensic DNA Laboratory Fund, and imposes an additional $2 fee on traffic offenses, earmarked to this fund.

Clarifies that an offender's DNA record may be expunged from the data base provided that the person has not other criminal convictions which require its inclusion.

Extends repeal on law allowing petition for post-conviction DNA testing until July 2006.

Expands requirement of a DNA sample to all persons convicted of a felony, including those sentenced to community supervision and qualifying offenders found not guilty by reason of insanity. Applies retroactively to persons incarcerated for qualifying offenses, requiring such sample before parole or release. Requires sample provide upon intake for others.

Extends DNA data base provisions requiring samples of many serious felony offenders.

Excludes certain testing and evidence gathering techniques from having to have peer review systems and other specific lab standards.

Expands data base DNA sample requirement to all persons convicted of a felony, and retroactively applying to qualifying offenders imprisoned or on supervision.

Provides that a crime laboratory must be accredited by the Department of Public Safety for physical evidence analyzed by such lab to be admissible in criminal cases. Preserved evidence is not considered inadmissible solely because of accreditation status of the lab. Requires Department of Public Safety rules be established providing for an accreditation process and regulation of DNA laboratories.

Requires immediate collection of DNA samples from inmates serving sentences for capital murder, including juveniles adjudicated for such acts.

Provides for the admissibility of forensic evidence. Redefines forensic evidence and requires the director to establish an accreditation process for crime laboratories and other entities conducting forensic analysis for use in criminal procedures

Removes statute of limitations on a number of sex crimes, aggravated robbery and aggravated burglary, where the perpetrator can be identified with DNA evidence.

Includes persons who are incarcerated or on parole in this state for a qualifying offense committed in another state to provide a DNA sample. Requires sheriffs collect samples from persons incarcerated in the county jail who have been convicted of a qualifying offense, including qualifying misdemeanants

Clarifies that a DNA sample may be taken upon an arrest upon finding of probable cause. Clarifies that the sample is not to be destroyed upon acquittal if there is a pending arrest that requires a DNA sample. Requires that the sample be taken at the arrest booking location.

Allows a convicted felon to appeal a denial of post -conviction DNA testing in the event the court ruled that such testing did not meet acceptable scientific standards or DNA technology was not sufficient at that time.

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