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Statutes Text

Article - Criminal Procedure




§17–105.

    (a)    On or before June 1 annually, the Governor’s Office of Crime Prevention, Youth, and Victim Services shall submit a publicly available report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly, that shall include, for the preceding calendar year:

        (1)    the number of requests for FGGS made, broken down by number of requests made by prosecutors, pretrial defendants, and postconviction defendants;

        (2)    the number of times FGGS was granted and the basis of each grant or denial;

        (3)    the number of putative perpetrators identified through FGGS;

        (4)    the number of covert collections of reference samples from putative perpetrators, a description of the methods used during the covert collection, the time period needed to perform the covert collection, any complaints from individuals subject to surveillance during the covert collections, and any complaints or suggestions from judges supervising the covert collections;

        (5)    an evaluation of the “pursued reasonable investigative leads” requirement in accordance with § 17–102(b)(4) of this title, including scientific, public, and nonforensic;

        (6)    the costs of the FGGS procedures;

        (7)    the race and age of those identified as putative perpetrators;

        (8)    the number of times a third party reference sample was requested and collected, and the race and age of the third parties;

        (9)    the number of requests made by defendants and postconviction lawyers; and

        (10)    the outcome of each authorized search, including whether the search resulted in an arrest or a conviction for the target offense.

    (b)    A panel comprising judges, prosecutors, defense attorneys, public defenders, law enforcement officials, crime laboratory directors, bioethicists, racial justice experts, criminal justice researchers, civil and privacy rights organizations, and organizations representing families impacted by the criminal justice system, shall be convened to review the annual report each year and make policy recommendations.



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