A BILL TO BE ENTITLED
AN ACT tO amend the sex offender registration program to include sexual battery as a reportable offense, and add sexual battery to the offenses requiring a dna sample.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 14‑208.6(5) reads as rewritten:
(5)	"Sexually violent offense" means a violation of G.S. 14‑27.2 (first degree rape), G.S. 14‑27.3 (second degree rape), G.S. 14‑27.4 (first degree sexual offense), G.S. 14‑27.5 (second degree sexual offense), G.S. 14‑27.5A (sexual battery), G.S. 14‑27.6 (attempted rape or sexual offense), G.S. 14‑27.7 (intercourse and sexual offense with certain victims), G.S. 14‑178 (incest between near relatives), G.S. 14‑190.6 (employing or permitting minor to assist in offenses against public morality and decency), G.S. 14‑190.16 (first degree sexual exploitation of a minor), G.S. 14‑190.17 (second degree sexual exploitation of a minor), G.S. 14‑190.17A (third degree sexual exploitation of a minor), G.S. 14‑190.18 (promoting prostitution of a minor), G.S. 14‑190.19 (participating in the prostitution of a minor), or G.S. 14‑202.1 (taking indecent liberties with children). The term also includes the following: a solicitation or conspiracy to commit any of these offenses; aiding and abetting any of these offenses."
SECTION 2.  G.S. 15A‑266.4 reads as rewritten:
"§ 15A‑266.4.  Blood sample required for DNA analysis upon conviction or finding of not guilty by reason of insanity.
(a)	Unless a DNA sample has previously been obtained by lawful process and stored in the State DNA database, and that sample has not been expunged pursuant to G.S. 15A‑148, on or after December 1, 2003, 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 have a DNA sample drawn upon intake to jail, prison, or the mental health facility. 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, 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 before December 1, 2003, shall have a DNA sample drawn before parole or release from the penal system or  before release from the mental health facility.
(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.
(4)	G.S. 14‑27.5A – Sexual battery."
SECTION 3.  This act becomes effective December 1, 2005, and applies to offenses committed on or after that date.