A BILL TO BE ENTITLED
AN ACT to require that a Saliva sample be taken for dna analysis from anyone arrested for the commission or attempted commission of a felony offense.
The General Assembly of North Carolina enacts:
SECTION 1.  Article 13 of Chapter 15A of the General Statutes is amended by adding the following sections to read:
"§ 15A‑266.7A.  Sample required for DNA analysis upon arrest for felony offense.
(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, 2006, any person who is arrested for committing or attempting to commit any felony shall have a sample of his or her saliva taken for DNA analysis. The sample shall be taken prior to the person's release from custody. The sample shall be forwarded to the SBI to be stored and analyzed as provided by G.S. 15A‑266.5 and G.S. 15A‑266.8.
(b)	The clerk of court shall notify the SBI of the final disposition of the criminal proceedings. If the charge for which the DNA sample was taken is dismissed or the defendant is acquitted at trial, the SBI shall destroy the DNA sample and records of the sample, provided there is no other pending qualifying warrant or capias for an arrest or felony conviction that would otherwise require that the sample remain in the State DNA Database. In the event that a person, who is arrested for a felony, is later convicted only for a misdemeanor whether by adjudication or by entering a plea of guilty to the misdemeanor, the DNA sample and records of the sample shall be retained. 
"§ 15A‑266.7B.  Procedure for taking sample for DNA analysis after arrest for felony offense.
(a)	Each DNA sample required by G.S. 15A‑266.7A shall be taken before the arrested person is released from custody at the place that is designated by the law enforcement agency responsible for arrest booking in the jurisdiction. The sample shall be taken by either a qualified member of the health profession or a law enforcement officer trained to take DNA samples.
(b)	No civil liability shall attach to any person authorized to take DNA samples by this section as a result of taking the saliva sample, if the sample was taken according to recognized medical procedures. No person shall be relieved from liability for negligence in taking the DNA sample.
(c)	Any DNA sample collected in accordance with this section shall be sealed and labeled with all of the following:  the subject's name, social security number, date of birth, race, and gender; the name of the person collecting the sample; the date and place of collection; information identifying the arresting or accompanying officer; and the offense for which the person was arrested. The sample shall be secured to prevent tampering with the contents and be accompanied by a copy of the arrest warrant or capias. The steps set forth in this section relating to the taking, handling identification, and disposition of the sample are procedural and not substantive. The sample shall be transported to the SBI not more than 15 days following the taking of the sample and shall be analyzed and stored in the State Database in accordance with this Article."
SECTION 2.  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" means a blood sample provided by any person convicted of offenses covered by this Article or a blood sample submitted to the SBI laboratory for analysis pursuant to a criminal investigation.
(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 blood sample provided by any person convicted of offenses covered by this  Article, a saliva sample provided by any person arrested for the commission or attempted commission of a felony, or a sample submitted to the SBI Laboratory for analysis pursuant to a criminal investigation.
(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 3.  G.S. 15A‑266.4(a) reads as rewritten:
"(a)	Unless a DNA blood 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 blood 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 blood 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 blood sample drawn before parole or release from the penal system or before release from the mental health facility."
SECTION 4.  G.S. 15A‑266.5 reads as rewritten:
"§ 15A‑266.5.  Tests to be performed on DNA sample.
(a)	The tests to be performed on each DNA 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 5.  The catch line for G.S. 15A‑266.7 reads as rewritten:
"§ 15A‑266.7.  Procedures for conducting DNA analysis of sample."
SECTION 6.  The Department of Justice shall develop a training program for criminal justice officers as defined in G.S. 17C‑2 and justice officers as defined in G.S. 17E‑2 on how to take saliva samples from a person for DNA analysis.  The program shall include the recognized medical procedures used to collect or take saliva samples for DNA analysis.  The North Carolina Criminal Justice and Training Standards Commission shall establish minimum standards and training levels for criminal justice officers who will be required to take DNA samples as part of their official duties.  The North Carolina Sheriffs' Education and Training Standards Commission shall establish minimum standards and training levels for justice officers who will be required to take DNA samples as part of their official duties. 
SECTION 7.  There is appropriated from the General Fund to the Department of Justice the sum of one hundred thousand dollars ($100,000) for the 2006‑2007 fiscal year to assist with the costs of implementing this act and of storing and analyzing additional DNA samples. The Department of Justice shall give top priority to the processing and analysis of DNA blood sample kits, but shall also process and analyze DNA saliva sample kits as quickly as possible. In the event that funds appropriated for the processing and analysis of DNA sample kits are insufficient, then the Department of Justice shall use funds available from settlements of civil cases that have undesignated recoveries.
SECTION 8.  This act becomes effective July 1, 2006.