02.08.02.01

.01 Criteria for Analysis.

A sexual assault evidence collection kit shall be submitted to a forensic laboratory for analysis unless:

A. There is clear evidence disproving the allegation of sexual assault;

B. The facts alleged, if true, could not be interpreted to violate a provision of Criminal Law Article, Title 3, Subtitle 2, 3, or 6, or Title 11, Subtitle 3, Annotated Code of Maryland;

C. The victim from whom the evidence was collected declines to give consent for analysis; or

D. The suspectís profile has been collected for entry as a convicted offender for a qualifying offense in the Combined DNA Index System (CODIS) maintained by the Federal Bureau of Investigation and the suspect has pleaded guilty to the offense that led to the sexual assault evidence collection kit.