State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-266_4

§ 15A‑266.4.  Bloodsample required for DNA analysis upon conviction or finding of not guilty byreason of insanity.

(a)        Unless a DNA samplehas previously been obtained by lawful process and stored in the State DNAdatabase, 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 crimeslisted in subsection (b) of this section or who is found not guilty of any ofthese crimes by reason of insanity and committed to a mental health facility inaccordance with G.S. 15A‑1321 shall have a DNA sample drawn upon intaketo jail, prison, or the mental health facility. In addition, every personconvicted on or after December 1, 2003, of any of these crimes, but who is notsentenced to a term of confinement, shall provide a DNA sample as a conditionof the sentence. A person who has been convicted and incarcerated as a resultof a conviction of one or more of these crimes prior to December 1, 2003, orwho was found not guilty of any of these crimes by reason of insanity andcommitted to a mental health facility in accordance with G.S. 15A‑1321before December 1, 2003, shall have a DNA sample drawn before parole or releasefrom the penal system or before release from the mental health facility.

(b)        Crimes covered bythis Article include all of the following:

(1)        All felonies.

(2)        G.S. 14‑32.1 –Assaults on handicapped persons.

(3)        G.S. 14‑277.3Aor former G.S. 14‑277.3 – Stalking.

(4)        G.S. 14‑27.5A– Sexual battery.

(1993,c. 401, s. 1; 2001‑487, s. 46; 2003‑376, s. 2; 2005‑130, s.2; 2009‑58, s. 2.)