Signed by Governor Bev Perdue

Vote Smart's Synopsis:

Vote to adopt a conference report that requires a DNA sample to be taken for certain serious felonies and be added to the State DNA Database.

Highlights:

-Establishes that the Criminal Justice Agency is an agency that is involved in the apprehension, investigation, prosecution, adjudication, incarceration, supervision, and rehabilitation of criminal offenders (Sec. 2). -Establishes that the State DNA Database is used to maintain DNA records for forensic casework, convicted offenders, registered sex offenders, unidentified bodies or body parts, missing persons, relatives of missing persons, and anonymous DNA profiles (Sec. 3). -Specifies that a DNA sample shall be collected upon being arrested for murder, manslaughter, rape, assault with a deadly weapon, kidnapping and abduction, first and second degree burglary, arson, armed robbery, and stalking (Sec. 4). -Authorizes that the DNA sample can be destroyed if the charges are dismissed, the person is convicted of a lesser-included misdemeanor offense, or more than 3 years have passed without a conviction (Sec. 4). -Requires that, in order to destroy the DNA sample, there must be a verification form with the defendant's address and a signature of the judge, and that the sample must be transferred to the State Bureau of Investigation in order to determine whether it can be destroyed within 30 days (Sec. 4). -Specifies that any conviction made on a match to the defendant's DNA sample after the expiration of the period for expunction of the sample shall be invalid in the prosecution of an offense (Sec. 4). -Requires that the State Bureau of Investigation (SBI) submit an annual report on the State DNA Database to the Joint Legislative Commission on Governmental Operations and to the Joint Legislative Corrections, Crime Control, and Juvenile Justice Oversight Committee (Sec. 6). -Establishes that the DNA records and samples are not public record and shall not be disclosed to or shared with any person or agency (Sec. 11). -Requires that if a juvenile commits an offense that requires a DNA sample, then a DNA sample will be collected when jurisdiction over a juvenile is transferred to the superior court (Sec. 13).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that requires DNA samples to be taken from people arrested for certain offenses and to provide funding for the DNA database and databank.

Highlights:

-Requires a DNA sample be obtained from any person who is arrested for committing the offenses of first and second degree murder, manslaughter, rape and other sexual offenses, kidnapping, abduction, human trafficking, burglary, any offense that would require a person to register as a sex offender, cyberstalking and stalking (Sec. 2). -Requires the DNA sample to be taken from the arrested person at the time of arrest or when fingerprinted pursuant to the booking procedure (Sec. 2). -Requires that the DNA sample be taken by cheek swab or any method other than a blood sample unless a court order authorizes that a DNA blood sample be obtained (Sec. 2). -Specifies that the record of identification characteristics obtained from the DNA sample be stored in the State DNA Databank maintained by the State Bureau of Investigation (Sec. 2). -Requires that the State Bureau of Investigation remove a person's DNA record and destroy that person's DNA biological samples if both of the following are met (Sec. 2):

-The charges upon which the DNA sample was collected are dismissed, the person is acquitted of the charges, or if no charges are filed within the applicable time period; and -The State determines that the person's DNA record is not required to be in the State DNA Database.

-Requires the State Bureau of Investigation to report annually to the Joint Legislative Commission on Governmental Operations and to the Joint Legislative Corrections, Crime Control and Juvenile Justice Oversight Committee, on or before February 1, with information for the previous calendar year, which shall include (Sec. 5):

-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; -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.

-Requires the State Bureau of Investigation to adopt rules governing the procedures to be used in the submission, identification, analysis, and storage of DNA samples and typing results of DNA samples submitted under this Article (Sec. 7). -Specifies that, in every criminal case wherein the defendant is convicted, or enters a plea of guilty or nolo contendere, or when costs are assessed against the prosecuting witness, a tax of $2.00 is to be remitted to the State Treasurer for the support and services of the State Bureau of Investigation DNA Database and DNA Databank (Sec. 12).

Full Bill Text