State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-267

§ 15A‑267.  Access toDNA samples from crime scene.

(a)        A criminaldefendant shall have access before trial to the following:

(1)        Any DNA analysesperformed in connection with the case in which the defendant is charged.

(2)        Any biologicalmaterial, that has not been DNA tested, that was collected from the crimescene, the defendant's residence, or the defendant's property.

(3)        A complete inventoryof all physical evidence collected in connection with the investigation.

(b)        Access as providedfor in subsection (a) of this section shall be governed by G.S. 15A‑902and G.S. 15A‑952.

(c)        Upon a defendant'smotion made before trial in accordance with G.S. 15A‑952, the court shallorder the SBI or any approved vendor that meets SBI contracting standards toperform DNA testing and, if the data meets NDIS criteria, order the SBI tosearch and/or upload to CODIS any profiles obtained from the testing upon ashowing of all of the following:

(1)        That the biologicalmaterial is relevant to the investigation.

(2)        That the biologicalmaterial was not previously DNA tested or that more accurate testing proceduresare now available that were not available at the time of previous testing andthere is a reasonable possibility that the result would have been different.

(3)        That the testing ismaterial to the defendant's defense.

(d)        The defendant shallbe responsible for bearing the cost of any further testing and comparison ofthe biological materials, including any costs associated with the testing andcomparison by the SBI in accordance with this section, unless the court hasdetermined the defendant is indigent, in which event the State shall bear thecosts.  (2001‑282,s. 4; 2007‑539, s. 1; 2009‑203, s. 3.)