State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-266_6

§ 15A‑266.6.  Proceduresfor withdrawal of blood sample for DNA analysis.

(a)        Each DNA samplerequired to be drawn pursuant to G.S. 15A‑266.4 from persons who areincarcerated shall be drawn at the place of incarceration. DNA samples frompersons who are not sentenced to a term of confinement shall be drawnimmediately following sentencing. The sentencing court shall order any personnot sentenced to a term of confinement to report immediately followingsentencing to the location designated by the sheriff. If the sample cannot betaken immediately, the sheriff shall inform the court of the date, time, andlocation at which the sample shall be taken, and the court shall enter thatdate, time, and location into its order. A copy of the court order indicating thedate, time, and location the person is to appear to have a sample taken shallbe given to the sheriff. If a person not sentenced to a term of confinementfails to appear immediately following sentencing or at the date, time, andlocation designated in the court order, the sheriff shall inform the court ofthe failure to appear and the court may issue an order to show cause pursuantto G.S. 5A‑15 and may issue an order for arrest pursuant to G.S. 5A‑16.

(b)        Only a correctionalhealth nurse technician, physician, registered professional nurse, licensedpractical nurse, laboratory technician, phlebotomist, or other health careworker with phlebotomy training shall draw any DNA sample to be submitted foranalysis. No civil liability shall attach to any person authorized to drawblood by this section as a result of drawing blood from any person if the bloodwas drawn according to recognized medical procedures. No person shall berelieved from liability for negligence in the drawing of any DNA sample.

(c)        The SBI shallprovide to the sheriff the materials and supplies necessary to draw a DNAsample from a person not sentenced to a term of confinement. Any DNA sampledrawn from a person not sentenced to a term of confinement shall be taken usingthe materials and supplies provided by the SBI. (1993, c. 401, s. 1; 2003‑376,s. 3.)