Bill Text: NC S483 | 2011-2012 | Regular Session | Amended
Bill Title: Create Independent State Forensics Laboratory
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2011-04-04 - Ref To Com On Rules and Operations of the Senate [S483 Detail]
Download: North_Carolina-2011-S483-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
S 1
SENATE BILL 483
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Short Title: Create Independent State Forensics Laboratory. |
(Public) |
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Sponsors: |
Senators McKissick, Kinnaird; and Atwater. |
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Referred to: |
Rules and Operations of the Senate. |
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April 4, 2011
A BILL TO BE ENTITLED
AN ACT to create an independent state forensics laboratory to provide FORENSIC SERVICES to prosecutors and the courts by analyzing submitted EVIDENCE and providing independent and impartial reports based on generally accepted scientific principles and to make corresponding changes to general statutes affected by the creation of an independent state forensics laboratory.
The General Assembly of North Carolina enacts:
SECTION 1. Those functions, powers, duties, and obligations previously vested in the State Bureau of Investigation's Crime Laboratory are transferred to and vested in the Office of the Attorney General by a Type II transfer, as defined in G.S. 143A‑6.
SECTION 2. Article 3 of Chapter 143B of the General Statutes is amended by adding a new Part to read:
"Part 35. North Carolina State Forensics Laboratory.
"§ 143B‑216.80. North Carolina State Forensics Laboratory established.
There is established the North Carolina State Forensics Laboratory (State Crime Lab). The State Crime Lab shall be located in the Office of the Attorney General for administrative and budgetary purposes.
"§ 143B‑216.81. Director of the State Crime Lab; personnel.
The Attorney General shall appoint a Director of the State Crime Lab, who shall serve at the will of the Attorney General, and whose salary shall be fixed by the Department of Administration. The Director of the State Crime Lab shall be familiar with the standards of accepted scientific methods and principles for the examination of evidence for criminal prosecutions.
"§ 143B‑216.82. Laboratory and clinical facilities; employment of criminologists; services of scientists, etc.
There shall be provided laboratory facilities for the analysis of evidences of crime, including the determination of presence, quantity and character of poisons, the character of bloodstains, microscopic and other examination material associated with the commission of crime, examination and analysis of projectiles of ballistic imprints and records which might lead to the determination or identification of criminals, the examination and identification of fingerprints, and other evidence leading to the identification, apprehension, or conviction of criminals. A sufficient number of persons skilled in such matters shall be employed to render a reasonable service to the public and members of the criminal justice system in the discharge of their duties. The laboratory and clinical facilities of the institutions of the State, both educational and departmental, shall be made available to the State Crime Lab, and scientists and doctors now working for the State through its institutions and departments may be called upon by the Attorney General to aid the State Crime Lab in the evaluation, preparation, and preservation of evidence in which scientific methods are employed, and a reasonable fee may be allowed by the Attorney General for such service.
"§ 143B‑216.83. Law enforcement status of laboratory employees.
(a) No employee of the North Carolina State Forensics Laboratory (State Crime Lab) shall be certified as a law enforcement officer by the North Carolina Department of Justice. No employee of the State Crime Lab may hold any law enforcement certification or be sworn with any law enforcement agency whether inside or outside the State of North Carolina. No employee of the State Crime Lab shall have any law enforcement jurisdiction while performing the duties of the employees.
(b) A violation of this section is a Class 3 misdemeanor.
"§ 143B‑216.84. Reports to the Joint Legislative Corrections, Crime Control, and Juvenile Justice Oversight Committee.
The State Crime Lab shall report quarterly, beginning October 1, 2011, to the Chairs of the Joint Legislative Corrections, Crime Control, and Juvenile Justice Oversight Committee the number of cases submitted to the State Crime Lab for review, the types of evidence submitted and analyzed, the number of cases in which an analyst was required to testify in court, and the number of cases submitted, delineated by State, local, federal, company, and campus law enforcement agencies. The report shall also include any recommendations or proposed legislation the Director of the State Crime Lab deems necessary to provide adequate and impartial services to the courts and the justice system."
SECTION 3. Notwithstanding the provisions of Section 2 of this act, any personnel who are currently assigned to the State Bureau of Investigation's Crime Laboratory who are sworn law enforcement agents shall be retained by the Bureau, as shall any equipment used by those law enforcement agents to collect evidence at crime scenes, clandestine laboratories, and environmental disasters. The Office of State Budget and Management shall, in consultation with the Attorney General, the Director of the State Bureau of Investigation, and the Director of the State Crime Lab, determine what equipment needs to be retained by the Bureau to conduct the duties required by Section 2 of this act and G.S. 144‑16. No equipment may be retained by the Bureau that would impair the State Crime Lab's ability to carry out the duties assigned pursuant to Section 2 of this act.
SECTION 4. G.S. 114‑16 reads as rewritten:
"§ 114‑16.
Laboratory and clinical facilities; employment of criminologists; services
of scientists, etc., employed by State; radio system.Assistance to law enforcement
agencies and officers by the Bureau; State radio system access for the Bureau.
In the said Bureau there shall be provided laboratory
facilities for the analysis of evidences of crime, including the determination of
presence, quantity and character of poisons, the character of bloodstains,
microscopic and other examination material associated with the commission of
crime, examination and analysis of projectiles of ballistic imprints and
records which might lead to the determination or identification of criminals,
the examination and identification of fingerprints, and other evidence leading
to the identification, apprehension, or conviction of criminals. A sufficient
number of persons skilled in such matters shall be employed to render a
reasonable service to the prosecuting officers of the State in the discharge of
their duties. In the personnel of the Bureau shall be included a sufficient
number of persons of training and skill in the investigation of crime and in the
preparation of evidence as to be of service to local law enforcement
agencies and officers, under the direction of the Governor, in criminal
matters of major importance.
The laboratory and clinical facilities of the institutions
of the State, both educational and departmental, shall be made available to the
Bureau, and scientists and doctors now working for the State through its
institutions and departments may be called upon by the Governor to aid the
Bureau in the evaluation, preparation, and preservation of evidence in which
scientific methods are employed, and a reasonable fee may be allowed by the
Governor for such service.
The State radio system shall be made available to the Bureau for use in its work."
SECTION 5. G.S. 7A‑304(a) reads as rewritten:
"§ 7A‑304. Costs in criminal actions.
(a) In every criminal case in the superior or district court, wherein the defendant is convicted, or enters a plea of guilty or nolo contendere, or when costs are assessed against the prosecuting witness, the following costs shall be assessed and collected, except that when the judgment imposes an active prison sentence, costs shall be assessed and collected only when the judgment specifically so provides, and that no costs may be assessed when a case is dismissed.
…
(7) For the services of the State Bureau of
Investigation laboratoryState Crime Lab facilities, the district or
superior court judge shall, upon conviction, order payment of the sum of six
hundred dollars ($600.00) to be remitted to the Department of JusticeNorth
Carolina State Forensics Laboratory for support of the State Bureau of
Investigation.State Crime Lab. This cost shall be assessed only in
cases in which, as part of the investigation leading to the defendant's
conviction, the laboratories have performed DNA analysis of the crime, tests of
bodily fluids of the defendant for the presence of alcohol or controlled
substances, or analysis of any controlled substance possessed by the defendant
or the defendant's agent. The court may waive or reduce the amount of the
payment required by this subdivision upon a finding of just cause to grant such
a waiver or reduction.
(8) For the services of any crime laboratory facility
operated by a local government or group of local governments, the district or
superior court judge shall, upon conviction, order payment of the sum of six
hundred dollars ($600.00) to be remitted to the general fund of the local
governmental unit that operates the laboratory to be used for law enforcement
purposes. The cost shall be assessed only in cases in which, as part of the
investigation leading to the defendant's conviction, the laboratory has
performed DNA analysis of the crime, test of bodily fluids of the defendant for
the presence of alcohol or controlled substances, or analysis of any controlled
substance possessed by the defendant or the defendant's agent. The costs shall
be assessed only if the court finds that the work performed at the local
government's laboratory is the equivalent of the same kind of work performed by
the State Bureau of InvestigationState Crime Lab under
subdivision (7) of this subsection. The court may waive or reduce the amount of
the payment required by this subdivision upon a finding of just cause to grant
such a waiver or reduction.
(9) For the support and services of the State Bureau
of InvestigationState Crime Lab DNA Database and DNA Databank, the
sum of two dollars ($2.00). This amount is annually appropriated to the
Department of Justice for this purpose. Notwithstanding the provisions of
subsection (e) of this section, this cost does not apply to infractions."
SECTION 6. G.S. 8‑58.20 reads as rewritten:
"§ 8‑58.20. Forensic analysis admissible as evidence.
(a) In any criminal prosecution, a laboratory report of a written forensic analysis, including an analysis of the defendant's DNA, or a forensic sample alleged to be the defendant's DNA, as that term is defined in G.S. 15A‑266.2(2), that states the results of the analysis and that is signed and sworn to by the person performing the analysis may be admissible in evidence without the testimony of the analyst who prepared the report in accordance with the requirements of this section.
(b) A forensic analysis, to be admissible under this
section, shall be performed in accordance with rules or procedures adopted
by the State Bureau of Investigation, or by another laboratory accredited by
the American Society of Crime Laboratory Directors/Laboratory Accreditation
Board (ASCLD/LAB) by a laboratory that is accredited by an
accrediting body that requires conformance to forensic specific requirements
and which is a signatory to the International Laboratory Accreditation Cooperation
(ILAC) Mutual Recognition Arrangement For Testing for the submission,
identification, analysis, and storage of forensic analyses. The analyses of DNA
samples and typing results of DNA samples shall be performed in accordance
with the rules or procedures of the State Bureau of Investigation or other
ASCLD/LAB‑accredited laboratory.by a laboratory that is
accredited by an accrediting body that requires conformance to forensic
specific requirements and which is a signatory to the ILAC Mutual Recognition
Arrangement For Testing.
(c) The analyst who analyzes the forensic sample and
signs the report shall complete an affidavit on a form developed by the State
Bureau of Investigation. In the affidavit, the analyst shall state (i) that the
person is qualified by education, training, and experience to perform the
analysis, (ii) the name and location of the laboratory where the analysis was performed,
and (iii) that performing the analysis is part of that person's regular duties.
The analyst shall also aver in the affidavit that the tests were performed
pursuant to the ASCLD/LAB accrediting body's standards for that
discipline and that the evidence was handled in accordance with established and
accepted procedures while in the custody of the laboratory. The affidavit shall
be sufficient to constitute prima facie evidence regarding the person's
qualifications. The analyst shall attach the affidavit to the laboratory report
and shall provide the affidavit to the investigating officer and the district
attorney in the prosecutorial district in which the criminal charges are
pending. An affidavit by a forensic analyst sworn to and properly executed before
an official authorized to administer oaths is admissible in evidence without
further authentication in any criminal proceeding with respect to the forensic
analysis administered and the procedures followed.
…."
SECTION 7. G.S. 20‑139.1(c1) reads as rewritten:
"(c1) Admissibility. – The results of a chemical
analysis of blood or urine reported by the North Carolina State Bureau of
Investigation Laboratory,State Crime Lab, the Charlotte, North
Carolina, Police Department Laboratory, or any other laboratory approved for
chemical analysis by the Department of Health and Human Services, are
admissible as evidence in all administrative hearings, and in any court,
without further authentication and without the testimony of the analyst. The
results shall be certified by the person who performed the analysis. The
provisions of this subsection may be utilized in any administrative hearing,
but can only be utilized in cases tried in the district and superior court
divisions, or in an adjudicatory hearing in juvenile court, if:
(1) The State notifies the defendant at least 15 business days before the proceeding at which the evidence would be used of its intention to introduce the report into evidence under this subsection and provides a copy of the report to the defendant, and
(2) The defendant fails to file a written objection with the court, with a copy to the State, at least five business days before the proceeding at which the report would be used that the defendant objects to the introduction of the report into evidence.
If the defendant's attorney of record, or the defendant if that person has no attorney, fails to file a written objection as provided in this subsection, then the report may be admitted into evidence without the testimony of the analyst. Upon filing a timely objection, the admissibility of the report shall be determined and governed by the appropriate rules of evidence.
The report containing the results of any blood or urine test may be transmitted electronically or via facsimile. A copy of the affidavit sent electronically or via facsimile shall be admissible in any court or administrative hearing without further authentication. A copy of the report shall be sent to the charging officer, the clerk of superior court in the county in which the criminal charges are pending, the Division of Motor Vehicles, and the Department of Health and Human Services.
Nothing in this subsection precludes the right of any party to call any witness or to introduce any evidence supporting or contradicting the evidence contained in the report."
SECTION 8. G.S. 20‑139.1(c2) reads as rewritten:
"(c2) A chemical analysis of blood or urine, to be
admissible under this section, shall be performed in accordance with rules or
procedures adopted by the State Bureau of Investigation,State Crime
Lab or by another laboratory accredited by the American Society of Crime
Laboratory Directors/Laboratory Accreditation Board (ASCLD/LAB) for the an
accrediting body that requires conformance to forensic specific requirements
and which is a signatory to the International Laboratory Accreditation
Cooperation (ILAC) Mutual Recognition Arrangement For Testing submission,
identification, analysis, and storage of forensic analyses."
SECTION 9. G.S. 90‑95(g) reads as rewritten:
"(g) Whenever matter is submitted to the North
Carolina State Bureau of Investigation Laboratory,State Crime Lab,
the Charlotte, North Carolina, Police Department Laboratory or to the
Toxicology Laboratory, Reynolds Health Center, Winston‑Salem for chemical
analysis to determine if the matter is or contains a controlled substance, the
report of that analysis certified to upon a form approved by the Attorney
General by the person performing the analysis shall be admissible without
further authentication and without the testimony of the analyst in all
proceedings in the district court and superior court divisions of the General
Court of Justice as evidence of the identity, nature, and quantity of the
matter analyzed. Provided, however, the provisions of this subsection may be utilized
by the State only if:
(1) The State notifies the defendant at least 15 business days before the proceeding at which the report would be used of its intention to introduce the report into evidence under this subsection and provides a copy of the report to the defendant, and
(2) The defendant fails to file a written objection with the court, with a copy to the State, at least five business days before the proceeding that the defendant objects to the introduction of the report into evidence.
If the defendant's attorney of record, or the defendant if that person has no attorney, fails to file a written objection as provided in this subsection, then the report may be admitted into evidence without the testimony of the analyst. Upon filing a timely objection, the admissibility of the report shall be determined and governed by the appropriate rules of evidence.
Nothing in this subsection precludes the right of any party to call any witness or to introduce any evidence supporting or contradicting the evidence contained in the report."
SECTION 10. G.S. 15A‑148(b) reads as rewritten:
"(b) When an order of expungement expunction
has been issued pursuant to subsection (a) of this section, the order of expungement,expunction,
together with a certified copy of the final appellate court order reversing and
dismissing the conviction or a certified copy of the instrument granting the
pardon of innocence, shall be provided to the SBI State Crime Lab by
the clerk of court. Upon receiving an order of expungement expunction
for an individual whose DNA record or profile has been included in the
State DNA Database and whose DNA sample is stored in the State DNA Databank,
the DNA profile shall be expunged and the DNA sample destroyed by the SBI,State
Crime Lab except that the order shall not apply to other offenses committed
by the individual that qualify for inclusion in the State DNA Database and the
State DNA Databank. A letter documenting expungement expunction of
the DNA record and destruction of the DNA sample shall be sent by the SBI State
Crime Lab to the defendant and the defendant's attorney at the address
specified by the court in the order of expungement.expunction.
The SBI State Crime Lab shall adopt procedures to comply with
this subsection."
SECTION 11. G.S. 15A‑266.2 reads as rewritten:
"§ 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:
…
(6) "SBI" means the State Bureau of
Investigation. The SBI"State Crime Lab" means the agency which
is responsible for the policy, management, and administration of the State DNA
identification record system to support law enforcement and other criminal
justice agencies.
(7) "State DNA Databank" means the repository of DNA samples collected under the provisions of this Article.
(8) "State DNA Database" means the SBI's State
Crime Lab's DNA identification record system to support law enforcement. It
is administered by the SBI State Crime Lab and provides DNA
records to the FBI for storage and maintenance in CODIS. The SBI's State
Crime Lab's DNA Database system is the collective capability provided by
computer software and procedures administered by the SBI State Crime
Lab 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."
SECTION 12. G.S. 15A‑266.3 reads as rewritten:
"§ 15A‑266.3. Establishment of State DNA database and databank.
There is established under the administration of the SBI,State
Crime Lab, the State DNA Database and State DNA Databank. The SBI State
Crime Lab shall provide DNA records to the FBI for the searching of DNA
records nationwide and storage and maintenance by CODIS. The State DNA Databank
shall serve as the repository for DNA samples obtained pursuant to this
Article. The State DNA Database shall be compatible with the procedures specified
by the FBI, including use of comparable test procedures, laboratory and
computer equipment, supplies and computer platform and software. The State DNA
Database shall have the capability provided by computer software and procedures
administered by the SBI State Crime lab to store and maintain DNA
records related to all of the following:
(1) Crime scene evidence and forensic casework.
(2) Arrestees, offenders, and persons found not guilty by reason of insanity, who are required to provide a DNA sample under this Article.
(3) Persons required to register as sex offenders under G.S. 14‑208.7.
(4) Unidentified persons or body parts.
(5) Missing persons.
(6) Relatives of missing persons.
(7) 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."
SECTION 13. G.S. 15A‑266.3A reads as rewritten:
"§ 15A‑266.3A. DNA sample required for DNA analysis upon arrest for certain offenses.
…
(c) At the time a DNA sample is taken pursuant to this
section, the person obtaining the DNA sample shall record, on a form
promulgated by the SBI,State Crime Lab, the date and time the
sample was taken, the name of the person taking the DNA sample, the name and
address of the person from whom the sample was taken, and the offense or
offenses for which the person was arrested. This record shall be maintained in
the case file and shall be available to the prosecuting district attorney for
the purpose of completing the requirements of subsection (j) of this section.
…
(e) The DNA record of identification characteristics
resulting from the DNA testing and the DNA sample itself shall be stored and
maintained by the SBI State Crime Lab in the State DNA Databank
pursuant to this Article.
…
(h) The State Bureau of InvestigationState
Crime Lab shall remove a person's DNA record, and destroy any DNA
biological samples that may have been retained, from the State DNA Database and
DNA Databank if both of the following are determined pursuant to subsection (i)
of this section:
(1) As to the charge, or all charges, resulting from the arrest upon which a DNA sample is required under this section, a court or the district attorney has taken action resulting in any one of the following:
a. The charge has been dismissed.
b. The person has been acquitted of the charge.
c. The defendant is convicted of a lesser‑included misdemeanor offense that is not an offense included in subsection (f) or (g) of this section.
d. No charge was filed within the statute of limitations, if any.
e. No conviction has occurred, at least three years has passed since the date of arrest, and no active prosecution is occurring.
(2) The person's DNA record is not required to be in the State DNA Database under some other provision of law, or is not required to be in the State DNA Database based upon an offense from a different transaction or occurrence from the one which was the basis for the person's arrest.
…
(j) Prior to June 1, 2012, within 30 days of the receipt of the form required by subsection (i) of this section or the occurrence of one of the events in sub‑subdivision a., b., or c. of subdivision (1) of subsection (h) of this section; and on or after June 1, 2012, within 30 days of the occurrence of one of the events in subdivision (1) of subsection (h) of this section, the prosecuting district attorney shall determine if a DNA sample was taken pursuant to this section, and if so, shall:
(1) Verify and indicate the facts of the qualifying event on a verification form promulgated by the Administrative Office of the Courts.
(2) Include the last known address of the defendant, as reflected in the court files, on the verification form.
(3) Sign the verification form or, if the defendant was acquitted or the charges were dismissed by the court, obtain the signature of a judge.
(4) Transmit the verification form to the SBI.State
Crime Lab.
(k) Within 30 days of receipt of the verification
form, the SBI State Crime Lab shall:
(1) Determine whether the requirement of subdivision (2) of subsection (h) of this section has been met.
(2) If the requirement has been met, remove the defendant's DNA record and samples as required by subsection (h) of this section.
(3) Mail to the defendant, at the address specified in the verification form, a notice either:
a. Documenting expunction of the DNA record and destruction of the DNA sample, or
b. Notifying the defendant that the DNA record and sample do not qualify for expunction pursuant to subsection (h) of this section.
(l) The defendant may file a motion with the court to
review the denial of the defendant's request or the failure of either the
district attorney or the SBI State Crime Lab to act within the
prescribed time period.
…
(n) Notwithstanding subsection (h) of this section,
the SBI State Crime Lab is not required to destroy or remove an
item of physical evidence obtained from a sample if evidence relating to
another person would thereby be destroyed.
(o) The SBI State Crime Lab shall adopt
procedures to comply with this section."
SECTION 14. G.S. 15A‑266.5 reads as rewritten:
"§ 15A‑266.5. Tests to be performed on DNA sample.
...
(b) The DNA record of identification characteristics
resulting from the DNA testing shall be stored and maintained by the SBI State
Crime Lab in the State DNA Database. The DNA sample itself will be stored
and maintained by the SBI State Crime Lab in the State DNA
Databank.
(c) The SBI State Crime Lab shall 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: 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; and
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 and
notification process, from the date of the receipt of the verification form
from the State.
…."
SECTION 15. G.S. 15A‑266.6(c) reads as rewritten:
"(c) The SBI State Crime Lab shall
provide the materials, supplies, and postage prepaid envelopes necessary to
obtain a DNA sample from a person required to provide a DNA sample pursuant to
this Article and to forward the DNA sample to the appropriate laboratory for
DNA analysis and testing. Any DNA sample obtained pursuant to this Article,
other than a DNA sample obtained from a person who is incarcerated, shall be
taken using the materials and supplies provided by the SBI.State
Crime Lab."
SECTION 16. G.S. 15A‑266.7 reads as rewritten:
"§ 15A‑266.7. Procedures for conducting DNA analysis of DNA sample.
(a) The SBI State Crime Lab shall:
(1) Adopt procedures to be used in the collection, security, submission, identification, analysis, and storage of DNA samples and typing results of DNA samples submitted under this Article. These procedures shall also include quality assurance guidelines to insure that DNA identification records meet audit standards for laboratories which submit DNA records to the State DNA Database.
(2) Adopt Quality Assurance Guidelines for DNA Testing Laboratories and DNA Databasing Laboratories that meet or exceed the quality assurance guidelines established for such laboratories by the CODIS unit of the Federal Bureau of Investigation.
(b) DNA samples shall be securely stored in the State DNA Databank. The typing results shall be securely stored in the State DNA Database.
(c) Records of testing shall be retained on file at
the SBI.State Crime Lab."
SECTION 17. G.S. 15A‑266.8 reads as rewritten:
"§ 15A‑266.8. DNA database exchange.
(a) It shall be the duty of the SBI State
Crime Lab 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 SBI,State Crime Lab, 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 SBI State Crime Lab may contract out DNA typing
analysis to a qualified DNA laboratory that meets guidelines as established by
the SBI.State Crime Lab. 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 SBI State Crime Lab 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 SBI State Crime Lab shall maintain a
file of such court orders.
(b) The SBI State Crime Lab 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.
(c) The SBI State Crime Lab shall create
a separate population database comprised of DNA samples obtained under this
Article, after all personal identification is removed. Nothing shall prohibit
the SBI State Crime Lab from sharing or disseminating population
databases with other law enforcement agencies, crime laboratories that serve
them, or other third parties the SBI State Crime Lab deems
necessary to assist the SBI State Crime Lab with statistical
analysis of the SBI's State Crime Lab's population databases. The
population database may be made available to and searched by other agencies
participating in the CODIS system."
SECTION 18. G.S. 15A‑266.9 reads as rewritten:
"§ 15A‑266.9. Cancellation of authority to exchange DNA records.
The SBI State Crime Lab is authorized to revoke
the right of a forensic DNA laboratory within the State to exchange DNA
identification records with federal, State, or local criminal justice agencies
if the required control and privacy standards specified by the SBI State
Crime Lab for the State DNA Database are not met by these agencies."
SECTION 19. G.S. 15A‑266.12 reads as rewritten:
"§ 15A‑266.12. Confidentiality of records.
(a) All DNA profiles and samples submitted to the SBI
State Crime Lab pursuant to this Article shall be treated as
confidential and shall not be disclosed to or shared with any person or agency
except as provided in G.S. 15A‑266.8.
(b) Only DNA records and samples that directly relate to the identification of individuals shall be collected and stored. These records and samples shall solely be used as a part of the criminal justice system for the purpose of facilitating the personal identification of the perpetrator of a criminal offense; provided that in appropriate circumstances such records may be used to identify potential victims of mass disasters or missing persons.
(c) DNA records and DNA samples submitted to the SBI
State Crime Lab pursuant to this Article are not a public record as defined
by G.S. 132‑1.
(d) In the case of a criminal proceeding, requests to
access a person's DNA record shall be in accordance with the rules for criminal
discovery as defined in G.S. 15A‑902. The SBI State Crime
Lab shall not be required to provide the State DNA Database for criminal
discovery purposes.
(e) DNA records and DNA samples submitted to the SBI
State Crime Lab may only be released for the following authorized
purposes:
(1) For law enforcement identification purposes, including the identification of human remains, to federal, State, or local criminal justice agencies.
(2) For criminal defense and appeal purposes, to a defendant who shall have access to samples and analyses performed in connection with the case in which such defendant is charged or was convicted.
(3) If personally identifiable information is removed to local, State, or federal law enforcement agencies for forensic validation studies, forensic protocol development or quality control purposes, and for establishment or maintenance of a population statistics database.
(f) In order to maintain the computer system security
of the SBI State Crime Lab DNA database program, the computer
software and database structures used by the SBI State Crime Lab to
implement this Article are confidential."
SECTION 20. G.S. 15A‑268 reads as rewritten:
"§ 15A‑268. Preservation of biological evidence.
…
(a2) The SBI State Crime Lab shall
promulgate and publish minimum guidelines that meet the requirements for
retention and preservation of biological evidence under subsection (a1) of this
section. Guidelines shall be published no later than January 1, 2010, and shall
be reviewed and updated biennially thereafter. Law enforcement agencies and the
Conference of Clerks of Superior Court shall ensure the guidelines are
distributed to all employees with responsibility for maintaining custody of
evidence.
…
(e) The court order allowing the disposition of the
evidence pursuant to subdivision (d)(3) of this section shall require the
custodial agency to return such evidence to the collecting agency. The
collecting agency shall take reasonable measures to remove or preserve portions
of evidence likely to contain biological evidence related to the offense
through cuttings, swabs, or other means consistent with SBI State
Crime Lab minimum guidelines in a quantity sufficient to permit DNA testing
before returning or disposing of the evidence. The court may provide the
defendant an opportunity to take reasonable measures to preserve the evidence.
…."
SECTION 21. The Revisor of Statutes shall make any other corresponding changes to the General Statutes required to give effect to this act by ensuring that all functions of the State Bureau of Investigation's Crime Laboratory are transferred to the North Carolina State Forensics Laboratory (State Crime Lab) created by this act.
SECTION 22. The provisions of this act shall in no way affect any pending litigation before the courts and shall only be an administrative act designed to ensure the continued integrity of the State Crime Lab.
SECTION 23. This act is effective when it becomes law. The Attorney General shall make all necessary accommodations to ensure the personnel and property, real and personal, tangible and intangible, currently held by the State Bureau of Investigation's Crime Lab are transitioned to the independent State Crime Lab, to be known as the "North Carolina State Forensics Laboratory," in accordance with this act. The transition required by this act shall be completed no later than June 30, 2011.
