Rule 4-613. Order for Forensic Genetic Genealogical DNA Analysis and Search

(a) Applicability; Definitions

(1) Applicability. This Rule applies to orders for a forensic genetic genealogical DNA analysis and search (“FGGS”) pursuant to Code, Criminal Procedure Article, § 17-102.

(2) Definitions. The definitions contained in Code, Criminal Procedure, § 17-101 apply in this Rule.

(b) Issuance of Order. A court shall issue an order authorizing the initiation of a FGGS if the FGGS is certified before the court in accordance with Code, Criminal Procedure Article, § 17-102. The application for the order, the order issued, and the notice of the order shall conform to the requirements of Code, Criminal Procedure Article, § 17-102.

Cross reference: See Code, Criminal Procedure Article, § 17-102(g) for requirements to collect a DNA sample.

(c) Orders to Destroy Samples and Information

(1) Issuance. Except as provided in Code, Criminal Procedure Article, § 17-102(h)(1)(ii), on completion of (A) a FGGS investigation that does not result in a prosecution or results in an acquittal, (B) a sentence and postconviction litigation associated with a conviction obtained through the use of FGGS, or (C) any criminal prosecution that may arise from the FGGS, the authorizing court or any court that has jurisdiction over any criminal case that arose from the FGGS shall issue orders to all persons in possession of DNA samples gathered in the FGGS and all genetic genealogy information derived from the FGG analysis of those samples to destroy the samples and information.

(2) Notice to Court. If a FGGS investigation does not result in a prosecution, the law enforcement agent who sought authorization of the FGGS shall notify the court in writing when the investigation is completed. If a FGGS investigation results in prosecution, the prosecutor shall notify the court in writing when an order to destroy samples and information pursuant to subsection (c)(1) of this Rule may be issued.

urt. If a FGGS investigation does not result in a prosecution, the law enforcement agent who sought authorization of the FGGS shall notify the court in writing when the investigation is completed. If a FGGS investigation results in prosecution, the prosecutor shall notify the court in writing when an order to destroy samples and information pursuant to subsection (c)(1) of this Rule may be issued.

(3) Content. The orders shall (A) require the removal and destruction of any FGG profiles previously uploaded to direct-to-consumer or publicly available open-data personal genomics databases and (B) provide notice by certified delivery to individuals entitled to notice pursuant to Code, Criminal Procedure Article, § 17-102(h)(3).