§ 15A-266 – Short title.
15A-266. Short title. This Article may be cited as the DNA Database and Databank Act of 1993. (1993, c. 401, s. 1.)
§ 15A-266.1 – Policy.
15A-266.1. Policy. It is the policy of the State to assist federal, State, and local criminal justice and law enforcement agencies in the identification, detection, or exclusion of individuals who are subjects of the investigation or prosecution of felonies or violent crimes against the person. Identification, detection, and exclusion are facilitated by the analysis of […]
§ 15A-266.11 – Unauthorized uses of DNA Databank; penalties.
15A-266.11. Unauthorized uses of DNA Databank; penalties. (a) Any person who has possession of, or access to, individually identifiable DNA information contained in the State DNA Database or Databank and who willfully discloses it in any manner to any person or agency not entitled to receive it is guilty of a Class H felony. (b) […]
§ 15A-266.12 – Confidentiality of records.
15A-266.12. Confidentiality of records. (a) All DNA profiles and samples submitted to the Crime Laboratory pursuant to this Article shall be treated as confidential and shall not be disclosed to or shared with any person or agency except as provided in G.S. 15A-266.8. (b) Only DNA records and samples that directly relate to the identification […]
§ 15A-266.2 – Definitions.
15A-266.2. Definitions. As used in this Article, unless another meaning is specified or the context clearly requires otherwise, the following terms have the meanings specified: (1) "Arrestee" means any person arrested for an offense in G.S. 15A-266.3A(f) or (g). (1a) "CODIS" means the FBI’s national DNA identification index system that allows the storage and exchange […]
§ 15A-266.3 – Establishment of State DNA database and databank.
15A-266.3. Establishment of State DNA database and databank. There is established under the administration of the Crime Laboratory, the State DNA Database and State DNA Databank. The Crime Laboratory shall provide DNA records to the FBI for the searching of DNA records nationwide and storage and maintenance by CODIS. The State DNA Databank shall serve […]
§ 15A-266.3A – DNA sample required for DNA analysis upon arrest for certain offenses.
15A-266.3A. DNA sample required for DNA analysis upon arrest for certain offenses. (a) Unless a DNA sample has previously been obtained by lawful process and the DNA record stored in the State DNA Database, and that record and sample has not been expunged pursuant to any provision of law, a DNA sample for DNA analysis […]
§ 15A-266.4 – DNA sample required for DNA analysis upon conviction or finding of not guilty by reason of insanity.
15A-266.4. DNA sample required for DNA analysis upon conviction or finding of not guilty by reason of insanity. (a) Unless a DNA sample has previously been obtained by lawful process and a record stored in the State DNA Database, and that record and sample have not been expunged pursuant to any provision of law, a […]
§ 15A-266.5 – Tests to be performed on DNA sample.
15A-266.5. Tests to be performed on DNA sample. (a) The tests to be performed on each DNA sample are: (1) To analyze and type only the genetic markers that are used for identification purposes contained in or derived from the DNA. (2) For law enforcement identification purposes. (3) For research and administrative purposes, including: a. […]
§ 15A-266.5A – Statewide sexual assault examination kit testing protocol.
15A-266.5A. Statewide sexual assault examination kit testing protocol. (a) Legislative Intent. – The General Assembly finds that deoxyribonucleic acid (DNA) evidence is a powerful law enforcement tool that can identify unknown suspects, create case linkages, connect crimes to known perpetrators, and exonerate the innocent. Timely testing is vital to solve cases, punish offenders, bring justice […]
§ 15A-266.6 – Procedures for obtaining DNA sample for analysis; refusal to provide sample.
15A-266.6. Procedures for obtaining DNA sample for analysis; refusal to provide sample. (a) Each DNA sample provided pursuant to G.S. 15A-266.4 from persons who are incarcerated shall be obtained at the place of incarceration. DNA samples from persons who are not sentenced to a term of confinement shall be obtained immediately following sentencing. The sentencing […]
§ 15A-266.7 – Procedures for conducting DNA analysis of DNA sample.
15A-266.7. Procedures for conducting DNA analysis of DNA sample. (a) The Crime Laboratory shall: (1) Adopt procedures to be used in the collection, security, submission, identification, analysis, and storage of DNA samples and typing results of DNA samples submitted under this Article. These procedures shall also include quality assurance guidelines to insure that DNA identification […]
§ 15A-266.8 – DNA database exchange.
15A-266.8. DNA database exchange. (a) It shall be the duty of the Crime Laboratory to receive DNA samples, to store, to analyze or to contract out the DNA typing analysis to a qualified DNA laboratory that meets the guidelines as established by the Crime Laboratory, classify, and file the DNA record of identification characteristic profiles […]
§ 15A-266.9 – Cancellation of authority to exchange DNA records.
15A-266.9. Cancellation of authority to exchange DNA records. The Crime Laboratory is authorized to revoke the right of a forensic DNA laboratory within the State to exchange DNA identification records with federal, State, or local criminal justice agencies if the required control and privacy standards specified by the Crime Laboratory for the State DNA Database […]
§ 15A-267 – Access to DNA samples from crime scene.
15A-267. Access to DNA samples from crime scene. (a) A criminal defendant shall have access before trial to the following: (1) Any DNA analyses performed in connection with the case in which the defendant is charged. (2) Any biological material, that has not been DNA tested, that was collected from the crime scene, the defendant’s […]
§ 15A-268 – Preservation of biological evidence.
15A-268. Preservation of biological evidence. (a) As used in this section, the term "biological evidence" includes the contents of a sexual assault examination kit or any item that contains blood, semen, hair, saliva, skin tissue, fingerprints, or other identifiable human biological material that may reasonably be used to incriminate or exculpate any person in the […]
§ 15A-269 – Request for postconviction DNA testing.
15A-269. Request for postconviction DNA testing. (a) A defendant may make a motion before the trial court that entered the judgment of conviction against the defendant for performance of DNA testing and, if testing complies with FBI requirements and the data meets NDIS criteria, profiles obtained from the testing shall be searched and/or uploaded to […]
§ 15A-270 – Post-test procedures.
15A-270. Post-test procedures. (a) Notwithstanding any other provision of law, upon receiving the results of the DNA testing conducted under G.S. 15A-269, the court shall conduct a hearing to evaluate the results and to determine if the results are unfavorable or favorable to the defendant. (b) If the results of DNA testing conducted under this […]
§ 15A-270.1 – Right to appeal denial of defendant's motion for DNA testing.
15A-270.1. Right to appeal denial of defendant’s motion for DNA testing. The defendant may appeal an order denying the defendant’s motion for DNA testing under this Article, including by an interlocutory appeal. The court shall appoint counsel in accordance with rules adopted by the Office of Indigent Defense Services upon a finding of indigency. (2007-539, […]