N.C. Gen. Stat. § 15A-266.3
Establishment of State DNA database and databank
Redline — June 1, 2021 → current.View current text →
Current — April 1, 2022
As of June 1, 2021
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 as the repository for DNA samples obtained pursuant to this Article. The State DNA Database shall be compatible with the procedures specified by the FBI, including use of comparable test procedures, laboratory and computer equipment, supplies and computer platform and software. The State DNA Database shall have the capability provided by computer software and procedures administered by the Crime Laboratory to store and maintain DNA records related to all of the following:
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 as the repository for DNA samples obtained pursuant to this Article. The State DNA Database shall be compatible with the procedures specified by the FBI, including use of comparable test procedures, laboratory and computer equipment, supplies and computer platform and software. The State DNA Database shall have the capability provided by computer software and procedures administered by the Crime Laboratory to store and maintain DNA records related to all of the following:
(1) Crime scene evidence and forensic casework.
(1) Crime scene evidence and forensic casework.
(2) Arrestees, offenders, and persons found not guilty by reason of insanity, who are required to provide a DNA sample under this Article.
(2) Arrestees, offenders, and persons found not guilty by reason of insanity, who are required to provide a DNA sample under this Article.
(3) Persons required to register as sex offenders under G.S. 14-208.7.
(3) Persons required to register as sex offenders under G.S. 14-208.7.
(4) Unidentified persons or body parts.
(4) Unidentified persons or body parts.
(5) Missing persons.
(5) Missing persons.
(6) Relatives of missing persons.
(6) Relatives of missing persons.
(7) Anonymous DNA profiles used for forensic validation, forensic protocol development, or quality control purposes or establishment of a population statistics database, for use by criminal justice agencies.
(7) Anonymous DNA profiles used for forensic validation, forensic protocol development, or quality control purposes or establishment of a population statistics database, for use by criminal justice agencies.
History
(1993, c. 401, s. 1; 2010-94, s. 3; 2013-360, s. 17.6(f).)
Effect of Amendments. - Session Laws 2010-94, s. 3, effective February 1, 2011, rewrote the section catchline, which formerly read: "Procedural compatibility with the FBI"; and rewrote the section, which formerly read: "The DNA identification system as established by the SBI shall be compatible with the procedure specified by the FBI, including use of comparable test procedures, laboratory equipment, supplies, and computer software."
Session Laws 2013-360, s. 17.6(f), effective July 1, 2013, substituted "Crime Laboratory" for "SBI" throughout the section.
Legal Periodicals. - For article, "DNA Databanks: Law Enforcement's Greatest Surveillance Tools?," see 34 Wake Forest L. Rev. 767 (1999).
For comment, "Sacrificing Liberty for Security: North Carolina's Unconstitutional Search and Seizure of Arrestee DNA," see 34 Campbell L. Rev. 473 (2012).
Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.