North Carolina General Statutes 15A-267. Access to DNA samples from crime scene
(a) A criminal defendant shall have access before trial to the following:
(1) Any DNA analyses performed in connection with the case in which the defendant is charged.
Terms Used In North Carolina General Statutes 15A-267
- 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. See North Carolina General Statutes 15A-266.2
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- DNA: means deoxyribonucleic acid. See North Carolina General Statutes 15A-266.2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- 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. See North Carolina General Statutes 15A-266.2
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) Any biological material, that has not been DNA tested, that was collected from the crime scene, the defendant’s residence, or the defendant’s property.
(3) A complete inventory of all physical evidence collected in connection with the investigation.
(b) Access as provided for in subsection (a) of this section shall be governed by N.C. Gen. Stat. § 15A-902 and N.C. Gen. Stat. § 15A-952
(c) Upon a defendant’s motion made before trial in accordance with N.C. Gen. Stat. § 15A-952, the court shall order the Crime Laboratory or any approved vendor that meets Crime Laboratory contracting standards to perform DNA testing and, if the data meets NDIS criteria, order the Crime Laboratory to search and/or upload to CODIS any profiles obtained from the testing upon a showing of all of the following:
(1) That the biological material is relevant to the investigation.
(2) That the biological material was not previously DNA tested or that more accurate testing procedures are now available that were not available at the time of previous testing and there is a reasonable possibility that the result would have been different.
(3) That the testing is material to the defendant’s defense.
(d) The defendant shall be responsible for bearing the cost of any further testing and comparison of the biological materials, including any costs associated with the testing and comparison by the Crime Laboratory in accordance with this section, unless the court has determined the defendant is indigent, in which event the State shall bear the costs. (2001-282, s. 4; 2007-539, s. 1; 2009-203, s. 3; 2013-360, s. 17.6(f).)