15A-266.4. DNA 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 a record stored in the State DNA Database, and that record and sample have not been expunged pursuant to any provision of law, a person:
(1) 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 provide a DNA sample upon intake to jail, prison, or the mental health facility. In addition, every person convicted 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.
(2) Who has been convicted and incarcerated as a result of a conviction of one or more of the crimes listed in subsection (b) of this section, 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, shall provide a DNA sample 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 individuals with a disability.
(3) Former G.S. 14-277.3 - Stalking.
(4) Repealed by Session Laws 2010-94, s. 5, effective February 1, 2011.
(5) All offenses described in G.S. 15A-266.3A.
(1993, c. 401, s. 1; 2001-487, s. 46; 2003-376, s. 2; 2005-130, s. 2; 2009-58, s. 2; 2010-94, s. 5; 2018-47, s. 4(o).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 15A - Criminal Procedure Act
Article 13 - DNA Database and Databank.
§ 15A-266.3 - Establishment of State DNA database and databank.
§ 15A-266.3A - DNA sample required for DNA analysis upon arrest for certain offenses.
§ 15A-266.5 - Tests to be performed on DNA sample.
§ 15A-266.5A - Statewide sexual assault examination kit testing protocol.
§ 15A-266.6 - Procedures for obtaining DNA sample for analysis; refusal to provide sample.
§ 15A-266.7 - Procedures for conducting DNA analysis of DNA sample.
§ 15A-266.8 - DNA database exchange.
§ 15A-266.9 - Cancellation of authority to exchange DNA records.
§ 15A-266.11 - Unauthorized uses of DNA Databank; penalties.
§ 15A-266.12 - Confidentiality of records.
§ 15A-267 - Access to DNA samples from crime scene.
§ 15A-268 - Preservation of biological evidence.
§ 15A-269 - Request for postconviction DNA testing.
§ 15A-270 - Post-test procedures.
§ 15A-270.1 - Right to appeal denial of defendant's motion for DNA testing.