North Carolina § 15A-266 - 8. DNA database exchange.

§ 15A-266. 8. DNA database exchange.

It shall be the duty of the Crime Laboratory to receive DNA samples, to store, to analyze or to contract out the DNA typing analysis to a qualified DNA laboratory that meets the guidelines as established by the Crime Laboratory, classify, and file the DNA record of identification characteristic profiles of DNA samples submitted pursuant to this Article and to make such information available as provided in this section. The Crime Laboratory may contract out DNA typing analysis to a qualified DNA laboratory that meets guidelines as established by the Crime Laboratory. The results of the DNA profile of individuals in the State Database shall be made available to local, State, or federal law enforcement agencies, approved crime laboratories which serve these agencies, or the district attorney's office upon written or electronic request and in furtherance of an official investigation of a criminal offense. These records shall also be available upon receipt of a valid court order directing the Crime Laboratory to release these results to appropriate parties not listed above, when the court order is signed by a superior court judge after a hearing. The Crime Laboratory shall maintain a file of such court orders. The Crime Laboratory shall adopt rules governing the methods of obtaining information from the State Database and CODIS and procedures for verification of the identity and authority of the requester. The Crime Laboratory shall create a separate population database comprised of DNA samples obtained under this Article, after all personal identification is removed. Nothing shall prohibit the Crime Laboratory from sharing or disseminating population databases with other law enforcement agencies, crime laboratories that serve them, or other third parties the Crime Laboratory deems necessary to assist the Crime Laboratory with statistical analysis of the Crime Laboratory's population databases. The population database may be made available to and searched by other agencies participating in the CODIS system. A law enforcement agency that receives an actionable CODIS hit on a submitted DNA sample shall provide electronic notice to the State Crime Laboratory as follows: Detailing any arrest of a person made in connection with the CODIS hit, no later than 15 days after the arrest. Detailing any conviction of a person resulting from the CODIS hit, no later than 15 days from the date of conviction. History (1993, c. 401, s. 1; 2010-94, s. 9; 2013-360, s. 17.6(f); 2019-221, s. 3.) Editor's Note. - Session Laws 2019-221, s. 1, provides: "This act shall be known and may be cited as 'The Standing Up for Rape Victims (SURVIVOR) Act of 2019.'" Session Laws 2019-221, s. 4, provides: "The State Crime Lab shall report to the Joint Legislative Oversight Committee on Justice and Public Safety by March 1, 2020, on the use of funds appropriated in this act to test sexual assault evidence collection kits." Session Laws 2019-221, ss. 5 and 6 appropriated the funds. Session Laws 2019-221, s. 7 repealed section 17.2 of House Bill 966, 2019 Regular Session, if House Bill 966, 2019 Regular Session, becomes law. Session Laws 2019-221, s. 8, provides: "If any provision of this act and G.S. 143C-5-4 are in conflict, the provisions of this act shall prevail. The appropriations and the authorizations to allocate and spend funds which are set out in this act shall remain in effect until the Current Operations Appropriations Act for the applicable fiscal year becomes law, at which time that act shall become effective and shall govern appropriations and expenditures. When the Current Operations Appropriations Act for that fiscal year becomes law, the Director of the Budget shall adjust allotments to give effect to that act from July 1 of the fiscal year." Session Laws 2019-221, s. 9 made subsection (d) of this section, as added by Session Laws 2019-221, s. 3, effective September 18, 2019, and applicable to CODIS hits received on or after that date. Effect of Amendments. - Session Laws 2010-94, s. 9, effective February 1, 2011, in the first sentence in subsection (a), substituted "this Article" for "G.S. 15A-266.7"; and in the first sentence in subsection (c), substituted "DNA samples" for "blood samples." Session Laws 2013-360, s. 17.6(f), effective July 1, 2013, substituted "Crime Laboratory" for "SBI" throughout the section. Session Laws 2019-221, s. 3, added subsection (d). For effective date and applicability, see editor's note. Legal Periodicals. - For comment, "Sacrificing Liberty for Security: North Carolina's Unconstitutional Search and Seizure of Arrestee DNA," see 34 Campbell L. Rev. 473 (2012).