A BILL TO BE ENTITLED
AN ACT to require that a dna sample be taken from any person arrested of a violent felony or certain other criminal offenses and to require that a DNA sample be taken from any person convicted of any felony or certain other criminal offenses.
The General Assembly of North Carolina enacts:
SECTION 1.  Article 23 of Chapter 15A of the General Statutes is amended by adding a new section to read:
"§ 15A-502A.  DNA sample.
(a)	The following definitions apply in this section:
(1)	'DNA'. – As defined in G.S. 15A-266.2.
(2)	'DNA Record'. – As defined in G.S. 15A-266.2.
(3)	'DNA Sample'. – A sample of body tissue, blood, or other bodily fluid that is appropriate for DNA testing or analysis by the SBI Laboratory pursuant to Article 13 of Chapter 15A of the General Statutes. The term includes a DNA blood sample as defined in G.S. 15A-266.2 and a DNA fluid or tissue sample as defined in G.S. 15A-266.2.
(4)	'SBI'. – State Bureau of Investigation.
(b)	Any person who is arrested for committing any of the following offenses must provide his or her DNA sample pursuant to this section for DNA analysis and testing:
(1)	Any Class A through E felony unless the offense is a violation of Chapter 90 or Chapter 143 of the General Statutes or is a larceny or embezzlement offense. For purposes of this subdivision, the term 'larceny or embezzlement offense' is a violation of G.S. 14-74, 14-100, 53-129, 58-2-162, or 105-236(9a)a., or Article 18 of Chapter 14 of the General Statutes.
(2)	G.S. 14‑32.1	Assaults on handicapped persons.
(3)	G.S. 14‑277.3	Stalking.
(c)	It is the duty of the arresting law enforcement officer to obtain the arrested person's DNA sample and to forward the DNA sample to the appropriate laboratory for DNA analysis and testing. A qualified member of the health profession shall take the DNA sample. No unreasonable or unnecessary force shall be used to obtain the DNA sample.
(d)	The DNA record of identification characteristics resulting from the DNA testing and the DNA sample itself shall be stored and maintained by the State Bureau of Investigation in the State DNA Databank pursuant to Article 13 of Chapter 15A of the General Statutes."
SECTION 2.  G.S. 15A‑266.1 reads as rewritten:
"§ 15A‑266.1.  Policy.
It is the policy of the State to assist federal, State, and local criminal justice and law enforcement agencies in the identification, detection, or exclusion of individuals who are subjects of the investigation or prosecution of felonies or violent crimes against the person. Identification, detection, and exclusion is facilitated by the analysis of biological evidence that is often left by the perpetrator or is recovered from the crime scene. The analysis of biological evidence can also be used to identify missing persons and victims of mass disasters."
SECTION 3.  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:
(1)	"CODIS" means the FBI's national DNA identification index system that allows the storage and exchange of DNA records submitted by State and local forensic DNA laboratories. The term "CODIS" is derived from Combined DNA Index System.
(2)	"DNA" means deoxyribonucleic acid. DNA is located in the nucleus of cells and provides an individual's personal genetic blueprint. DNA encodes genetic information that is the basis of human heredity and forensic identification.
(2a)	"DNA Blood Sample" in this Article means a blood sample provided by any person convicted of offenses covered by this Article or submitted to the SBI Laboratory for analysis pursuant to a criminal investigation.
(2b)	"DNA Fluid or Tissue Sample" in this Article means a sample of saliva, hair, body tissue, or bodily fluid other than blood that is provided by a person arrested for certain felonies and submitted for DNA analysis as required by G.S. 15A-502A.
(3)	"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 typing tests. 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 tests on an individual's DNA sample are also collectively referred to as the DNA profile of an individual.
(4)	"DNA Sample" in this Article means a sample of body tissue, blood, or other bodily fluid that is appropriate for DNA testing or analysis by the SBI Laboratory pursuant to this Article. The term includes both DNA blood samples and DNA fluid or tissue samples.
(5)	"FBI" means the Federal Bureau of Investigation.
(6)	"SBI" means the State Bureau of Investigation. The SBI is responsible for the policy management and administration of the State DNA identification record system to support law enforcement, and for liaison with the FBI regarding the State's participation in CODIS.
(7)	"State DNA Database" means the SBI's DNA identification record system to support law enforcement. It is administered by the SBI and provides DNA records to the FBI for storage and maintenance in CODIS. The SBI's DNA Database system is the collective capability provided by computer software and procedures administered by the SBI to store and maintain DNA records related to forensic casework, to convicted offenders required to provide a DNA sample under this Article, and to anonymous DNA records used for research or quality control.
(8)	"State DNA Databank" means the repository of DNA samples collected under the provisions of this Article."
SECTION 4.  G.S. 15A‑266.4 reads as rewritten:
"§ 15A‑266.4.  Blood sample required for DNA analysis upon conviction.
(a)	On or after December 1, 2003, a person who is convicted of any of the crimes listed in subsection (b) of this section shall have a DNA sample drawn upon intake to a jail or prison. In addition, every person convicted on or after December 1, 2003, 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. A person who has been convicted and incarcerated as a result of a conviction of one or more of these crimes prior to December 1, 2003, shall have a DNA sample drawn before parole or release from the penal system.
(b)	Crimes covered by this Article include all of the following:
(1)	All felonies.
																						(2)	G.S. 14‑32.1		Assaults on handicapped persons.
														(3)	G.S. 14‑277.3		Stalking.
				"
SECTION 5.  G.S. 15A‑266.5 reads as rewritten:
"§ 15A‑266.5.  Tests to be performed on blood, other bodily fluid, or tissue samples.
(a)	The tests to be performed on each blood, other bodily fluid, or tissue sample are:
(1)	To analyze and type the genetic markers contained in or derived from the DNA.
(2)	For law enforcement identification purposes.
(3)	For research and administrative purposes, including:
a.	Development of a population database when personal identifying information is removed.
b.	To support identification research and protocol development of forensic DNA analysis methods.
c.	For quality control purposes.
d.	To assist in the recovery or identification of human remains from mass disasters or for other humanitarian purposes, including identification of missing persons.
(b)	The DNA record of identification characteristics resulting from the DNA testing shall be stored and maintained by the SBI in the State DNA Database. The DNA sample itself will be stored and maintained by the SBI in the State DNA Databank."
SECTION 6.  The catch line of G.S. 15A‑266.7 reads as rewritten:
"§ 15A‑266.7.  Procedures for conducting DNA analysis of blood, other bodily fluid, or tissue samples."
SECTION 7.  G.S. 15A‑266.8 reads as rewritten:
"§ 15A‑266.8.  DNA database exchange.
(a)	It shall be the duty of the SBI 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, classify, and file the DNA record of identification characteristic profiles of DNA samples submitted pursuant to G.S. 15A‑266.7 and G.S. 15A-502A and to make such information available as provided in this section. The SBI may contract out DNA typing analysis to a qualified DNA laboratory that meets guidelines as established by the SBI. 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 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 shall maintain a file of such court orders.
(b)	The SBI 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 shall create a separate population database comprised of blood, other bodily fluid, and tissue samples obtained under this Article, after all personal identification is removed. Nothing shall prohibit the SBI from sharing or disseminating population databases with other law enforcement agencies, crime laboratories that serve them, or other third parties the SBI deems necessary to assist the SBI with statistical analysis of the SBI's population databases. The population database may be made available to and searched by other agencies participating in the CODIS system."
SECTION 8.  G.S. 15A‑1382 reads as rewritten:
"§ 15A‑1382.  Reports of disposition; fingerprints and DNA samples.
(a)	When the defendant is fingerprinted pursuant to G.S. 15A‑502 prior to the disposition of the case, a report of the disposition of the charges shall be made to the State Bureau of Investigation on a form supplied by the State Bureau of Investigation within 60 days following disposition. When a DNA sample is taken from the defendant pursuant to G.S. 15A-502A prior to the disposition of the case, a report of the disposition of the charges shall be made to the State Bureau of Investigation on a form supplied by the State Bureau of Investigation within 60 days following disposition.
(b)	When a defendant is found guilty of any felony, regardless of the class of felony, a report of the disposition of the charges shall  be made to the State Bureau of Investigation on a form supplied by the State Bureau of Investigation within 60 days following disposition. If a convicted felon was not fingerprinted pursuant to G.S. 15A‑502 prior to the disposition of the case, his fingerprints shall be taken and submitted to the State Bureau of Investigation along with the report of the disposition of the charges on forms supplied by the State Bureau of Investigation.
(c)	If a convicted felon did not have a DNA sample taken pursuant to G.S. 15A‑502A prior to the disposition of the case, then a DNA sample shall be taken from the felon in accordance with Article 13 of this Chapter and submitted to the State Bureau of Investigation along with the report of the disposition of the charges on forms supplied by the State Bureau of Investigation as provided by Article 13 of this Chapter."
SECTION 9.  G.S. 7B‑2201 reads as rewritten:
"§ 7B‑2201.  Fingerprinting and DNA sample from juvenile transferred to superior court.
(a)	When jurisdiction over a juvenile is transferred to the superior court, the juvenile shall be fingerprinted and the juvenile's fingerprints shall be sent to the State Bureau of Investigation.
(b)	When jurisdiction over a juvenile is transferred to the superior court, a DNA sample shall be taken from the juvenile pursuant to G.S. 15A-502A."
SECTION 10.  This act becomes effective December 1, 2003. Section 1 of this act applies to arrests made on or after December 1, 2003.