North Carolina § 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: "Arrestee" means any person arrested for an offense in G.S. 15A-266.3A(f) or (g). "CODIS" means the FBI's national DNA identification index system that allows the storage and exchange of DNA records submitted by federal, State and local forensic DNA laboratories. The term "CODIS" is derived from Combined DNA Index System (NDIS) administered and operated by the Federal Bureau of Investigation. "Conviction" includes a conviction by a jury or a court, a guilty plea, a plea of nolo contendere, or a finding of not guilty by reason of insanity or mental disease or defect. "Crime Laboratory" [means] the North Carolina State Crime Laboratory of the Department of Justice. "Criminal Justice Agency" means an agency or institution of a federal, State, or local government, other than the office of the public defender, that performs as part of its principal function, activities relating to the apprehension, investigation, prosecution, adjudication, incarceration, supervision, or rehabilitation of criminal offenders. "Custodial Agency" means the governmental entity in possession of evidence collected as part of a criminal investigation or prosecution. "DNA" means deoxyribonucleic acid. DNA is located in the cells and provides an individual's personal genetic blueprint. DNA encodes genetic information that is the basis of human heredity and forensic identification. "DNA Record" means DNA identification information stored in the State DNA Database or CODIS for the purpose of generating investigative leads or supporting statistical interpretation of DNA test results. The DNA record is the result obtained from the DNA analysis. The DNA record is comprised of the characteristics of a DNA sample which are of value in establishing the identity of individuals. The results of all DNA identification analyses on an individual's DNA sample are also collectively referred to as the DNA profile of an individual. "DNA Sample" means blood, cheek swabs, or any biological sample containing cells provided by any person with respect to offenses covered by this Article or submitted to the State Crime Laboratory pursuant to this Article for analysis pursuant to a criminal investigation or storage or both. "FBI" means the Federal Bureau of Investigation. "NDIS" means the National DNA Index System that is the national DNA database system of DNA records that meet federal quality assurance and privacy standards. Repealed by Session Laws 2013-360, s. 17.6(i), effective July 1, 2013. "State DNA Databank" means the repository of DNA samples collected under the provisions of this Article. "State DNA Database" means the Crime Laboratory's DNA identification record system to support law enforcement. It is administered by the Crime Laboratory and provides DNA records to the FBI for storage and maintenance in CODIS. The Crime Laboratory's DNA Database system is the collective capability provided by computer software and procedures administered by the Crime Laboratory to store and maintain DNA records related to: forensic casework; convicted offenders and arrestees required to provide a DNA sample under this Article; persons required to register as sex offenders under G.S. 14-208.7; unidentified persons or body parts; missing persons; relatives of missing persons; and 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; 2009-203, s. 2; 2010-94, s. 2; 2011-19, s. 5; 2013-360, s. 17.6(i); 2014-100, s. 17.1(cc).) Editor's Note. - The definitions in this section were redesignated at the direction of the Revisor of Statutes to preserve alphabetical order. The quotation marks around "Crime Laboratory" and the bracketed word "[means]" were inserted in subdivision (1c) at the direction of the Revisor of Statutes. Session Laws 2004-124, s. 15.2(a), provides: "Of the funds appropriated to the Department of Justice in this act, the sum of two hundred fifty thousand dollars ($250,000) shall be used to contract with private entities to reduce the backlog of rape kits in storage in local law enforcement agencies as of July 1, 2004. The Department shall contract with private entities to analyze bodily fluids, DNA evidence, as 'DNA' is defined in G.S. 15A-266.2 , or both, from rape kits that are evidence in cases in which a suspect has not been identified. In addition to the funds appropriated, the Department shall maximize the use of federal grant funds to expedite the elimination of the backlog." Former subdivisions (1) and (1a), were redesignated as subdivisions (1a) and (1d), respectively. Subdivisions (9)-(11) as added by Session Laws 2010-94, s. 2, were redesignated as subdivisions (1c), (1) and (1b), respectively. Session Laws 2011-19, s. 1, provides: "This act shall be known as 'The Forensic Sciences Act of 2011.'" Session Laws 2011-19, s. 3, provides: "The State Bureau of Investigation (SBI) shall encourage and seek collaborative opportunities and grant funds for research programs, in association, whenever possible, with the university system or independent nationally recognized forensic institutions, on human observer bias and sources of human error in forensic examinations. Such programs might include studies to determine the effects of contextual bias in forensic practice (e.g., studies to determine whether and to what extent the results of forensic analysis are influenced by knowledge regarding the background of the suspect and the investigator's theory of the case). In addition, research on sources of human error should be closely linked with research conducted to quantify and characterize the amount of error. Based on the results of these studies, and in consultation with the North Carolina Forensic Sciences Advisory Board, the North Carolina State Crime Laboratory should develop standard operating procedures (that will lay the foundation for model protocols) to minimize, to the extent possible, potential bias and sources of human error in forensic science. These standard operating procedures should apply to all forensic analyses that may be used in litigation." Session Laws 2011-19, s. 4, as amended by Session Laws 2011-307, s. 8, and as amended by Session Laws 2012-168, s. 6.1, provides: "Forensic Scientists I, II, and III, forensic science supervisors, and forensic scientist managers at the State Crime Laboratory shall be required to obtain individual certification consistent with international and ISO standards as soon as practicable, but no later than June 1, 2012, within 18 months of the date the scientist becomes eligible to seek certification according to the standards of the certifying entity or by January 1, 2013, or as soon as practicable after that date unless no certification is available. All such forensic scientists shall have access to the certification process." Session Laws 2011-19, s. 5, provides: "The Revisor of Statutes shall replace the name of the State Bureau of Investigation Laboratory, or any other name which is identified with the State Bureau of Investigation Laboratory, with the name 'North Carolina State Crime Laboratory' wherever first used in a statute or session law and with 'State Crime Laboratory' at each subsequent location in the statute or session law." Subdivision (1c) was added by Session Laws 2013-360, s. 17.6(i), as subdivision (1e). It was redesignated as (1c), and former subdivisions (1c) and (1d) were redesignated as subdivisions (1d) and (1e), respectively, to preserve alphabetical order at the direction of the Revisor of Statutes. Effect of Amendments. - Session Laws 2009-203, s. 2, effective December 1, 2009, added subdivisions (1a) and (5a), and substituted "a blood, buccal, or any other sample" for "a blood sample" in subdivision (4). Session Laws 2010-94, s. 2, effective February 1, 2011, rewrote the section, in part by the addition of subdivisions (9) through (11). Session Laws 2013-360, s. 17.6(i), effective July 1, 2013, added subdivision (1c); deleted subdivision (6), which defined "SBI" as the State Bureau of Investigation; and substituted "Crime Laboratory's" for "SBI's" or similar language throughout subdivision (8). Session Laws 2014-100, s. 17.1(cc), effective July 1, 2014, substituted "State Crime Laboratory" for "State Bureau of Investigation" in subdivision (4). 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).