N.C. Gen. Stat. § 15A-266.5
Tests to be performed on DNA sample
Redline — June 1, 2021 → current.View current text →
Current — June 1, 2022
As of June 1, 2021
(1) The tests to be performed on each DNA sample are: To analyze and type only the genetic markers that are used for identification purposes contained in or derived from the DNA.
(1) The tests to be performed on each DNA sample are: 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.
(2) For law enforcement identification purposes.
(3) For research and administrative purposes, including: Development of a population database when personal identifying information is removed.
(3) For research and administrative purposes, including: Development of a population database when personal identifying information is removed.
(4) To support identification research and protocol development of forensic DNA analysis methods.
(4) To support identification research and protocol development of forensic DNA analysis methods.
(5) For quality control purposes.
(5) For quality control purposes.
(6) To assist in the recovery or identification of human remains from mass disasters or for other humanitarian purposes, including identification of missing persons.
(6) To assist in the recovery or identification of human remains from mass disasters or for other humanitarian purposes, including identification of missing persons.
(7) The DNA record of identification characteristics resulting from the DNA testing shall be stored and maintained by the Crime Laboratory in the State DNA Database. The DNA sample itself will be stored and maintained by the Crime Laboratory in the State DNA Databank.
(7) The DNA record of identification characteristics resulting from the DNA testing shall be stored and maintained by the Crime Laboratory in the State DNA Database. The DNA sample itself will be stored and maintained by the Crime Laboratory in the State DNA Databank.
(8) The Crime Laboratory shall report annually to the Joint Legislative Oversight Committee on Justice and Public Safety, on or before September 1, with information for the previous fiscal year, which shall include: a summary of the operations and expenditures relating to the DNA Database and DNA Databank; the number of DNA records from arrestees entered; the number of DNA records from arrestees that have been expunged; and the number of DNA arrestee matches or hits that occurred with an unknown sample, and how many of those have led to an arrest and conviction; and how many letters notifying defendants that a record and sample have been expunged, along with the number of days it took to complete the expunction and notification process, from the date of the receipt of the verification form from the State.
(8) The Crime Laboratory shall report annually to the Joint Legislative Oversight Committee on Justice and Public Safety, on or before September 1, with information for the previous fiscal year, which shall include: a summary of the operations and expenditures relating to the DNA Database and DNA Databank; the number of DNA records from arrestees entered; the number of DNA records from arrestees that have been expunged; and the number of DNA arrestee matches or hits that occurred with an unknown sample, and how many of those have led to an arrest and conviction; and how many letters notifying defendants that a record and sample have been expunged, along with the number of days it took to complete the expunction and notification process, from the date of the receipt of the verification form from the State.
(9) The Department of Justice, in consultation with the Administrative Office of the Courts and the Conference of District Attorneys, shall study, develop, and recommend an automated procedure to facilitate the process of expunging DNA samples and records taken pursuant to G.S. 15A-266.3A, and shall report to the Joint Legislative Commission on Governmental Operations, the Joint Legislative Oversight Committee on Justice and Public Safety, and the Courts Commission, on or before February 1, 2011.
(9) The Department of Justice, in consultation with the Administrative Office of the Courts and the Conference of District Attorneys, shall study, develop, and recommend an automated procedure to facilitate the process of expunging DNA samples and records taken pursuant to G.S. 15A-266.3 A, and shall report to the Joint Legislative Commission on Governmental Operations, the Joint Legislative Oversight Committee on Justice and Public Safety, and the Courts Commission, on or before February 1, 2011.
History
(1993, c. 401, s. 1; 2010-94, s. 6; 2011-291, s. 2.3; 2013-360, s. 17.6(f); 2015-241, s. 17.2.)
Effect of Amendments. - Session Laws 2010-94, s. 6, effective February 1, 2011, in the section catchline and in the introductory language in subsection (a), substituted "DNA sample" for "blood sample"; in subdivision (a)(1), inserted "only" and "that are used for identification purposes"; and added subsections (c) and (d).
Session Laws 2011-291, s. 2.3, effective June 24, 2011, in subsections (c) and (d), substituted "Joint Legislative Oversight Committee on Justice and Public Safety" for "Joint Legislative Corrections, Crime Control, and Juvenile Justice Oversight Committee."
Session Laws 2013-360, s. 17.6(f), effective July 1, 2013, substituted "Crime Laboratory" for "SBI" throughout the section.
Session Laws 2015-241, s. 17.2, effective July 1, 2015, in subsection (c), deleted "the Joint Legislative Commission on Governmental Operations and to," and substituted "September 1" for "February 1" and "fiscal year" for "calendar year."
Legal Periodicals. - For comment, "DNA Databases: The Case for the Combined DNA Index System," see 29 Wake Forest L. Rev. 889 (1994).
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.