North Carolina § 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.

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 person: Who is convicted of any of the crimes listed in subsection (b) of this section or who is found not guilty of any of these crimes by reason of insanity and committed to a mental health facility in accordance with G.S. 15A-1321, shall provide a DNA sample upon intake to jail, prison, or the mental health facility. In addition, every person convicted of any of these crimes, but who is not sentenced to a term of confinement, shall provide a DNA sample as a condition of the sentence. Who has been convicted and incarcerated as a result of a conviction of one or more of the crimes listed in subsection (b) of this section, or who was found not guilty of any of these crimes by reason of insanity and committed to a mental health facility in accordance with G.S. 15A-1321, shall provide a DNA sample before parole or release from the penal system or before release from the mental health facility. Crimes covered by this Article include all of the following: All felonies. G.S. 14-32.1 - Assaults on individuals with a disability. Former G.S. 14-277.3 - Stalking. Repealed by Session Laws 2010-94, s. 5, effective February 1, 2011. All offenses described in G.S. 15A-266.3A. History (1993, c. 401, s. 1; 2001-487, s. 46; 2003-376, s. 2; 2005-130, s. 2; 2009-58, s. 2; 2010-94, s. 5; 2018-47, s. 4(o).) Editor's Note. - Session Laws 2018-47, s. 15, provides: "This act does not affect the coverage, eligibility, rights, responsibilities, or provision of State or federal services or benefits for individuals who have been diagnosed with mental retardation and whose diagnosis has not been changed to a diagnosis of intellectual disability." Session Laws 2018-47, s. 16, made the amendment of subsection (b) of this section by Session Laws 2018-47, s. 4(o), effective December 1, 2018, and applicable to offenses committed on or after that date. Effect of Amendments. - Session Laws 2009-58, s. 2, effective June 5, 2009, substituted "G.S. 14-277.3A or former G.S. 14-277.3 " for "G.S. 14-277.3" in subdivision (b)(3). Session Laws 2010-94, s. 5, effective February 1, 2011, in the section catchline, substituted "DNA sample" for "Blood sample"; rewrote and subdivided subsection (a); in subdivision (b)(3), deleted "G.S. 14-277.3A or" from the beginning; deleted subdivision (b)(4), which pertained to sexual battery; and added subdivision (b)(5). Session Laws 2018-47, s. 4(o), substituted "individuals with a disability" for "handicapped persons" in subdivision (b)(2). For effective date and applicability, see editor's note. Legal Periodicals. - For comment, "Arresting Development: A Call for North Carolina to Expand Its Forensic Database by Collecting DNA from Felony Arrestees," see 32 Campbell L. Rev. 103 (2009). For comment, "Sacrificing Liberty for Security: North Carolina's Unconstitutional Search and Seizure of Arrestee DNA," see 34 Campbell L. Rev. 473 (2012).