Rule 4-602. Emergency Orders Pursuant to Code, Criminal Procedure Article, § 11–110.1

(a) Applicability; Definitions

(1) Applicability

This Rule applies to the application, issuance, and execution of emergency orders to obtain an oral swab to be tested for the presence of HIV pursuant to Code, Criminal Procedure Article, § 11-110.1.

(2) Definitions

The definitions contained in Code, Criminal Procedure, § 11-107 apply in this Rule.

(b) Application An application for an emergency order under this Rule:

(1) shall be made as soon as possible after the alleged prohibited exposure to which it relates and no later than 72 hours after the alleged prohibited exposure;

(2) shall be in writing, signed and sworn to by the applicant, and accompanied by an affidavit that sets forth the basis to believe that the person from whom an oral swab is requested has caused a prohibited exposure to a victim;

(3) may be submitted and processed in the manner set forth in Rule 4-601 (b); and

(4) shall be sealed.

(c) Issuance An emergency order shall be issued in the manner set forth in Rule 4-601 (c) and shall comply with the relevant requirements of Code, Criminal Procedure Article, § 1-203.

(d) Execution of Emergency Order An emergency order issued pursuant to this Rule shall be executed in the manner set forth in Code, Criminal Procedure Article, § 11-110.1 (c) and (d).

Committee note: Code, Criminal Procedure Article, § 11-110.1 (d)(2) provides that the results of a test conducted pursuant to the statute are not admissible as evidence of guilt or innocence in a criminal proceeding arising out of the alleged prohibited exposure.

Committee Notes

Source: This Rule is new.