EVIDENCE & DNA EXPUNCTION LAWS.-AB

Printer-friendly: Click to view
View NCGA Bill Details2013-2014 Session
Senate Bill 630 (Public) Filed Tuesday, April 2, 2013
A BILL TO BE ENTITLED AN ACT TO AMEND THE LAWS REGARDING DISPOSITION OF BLOOD EVIDENCE, ADMISSIBILITY OF REPORTS AFTER NOTICE AND DEMAND, AND EXPUNCTION OF DNA SAMPLES TAKEN UPON ARREST.
Intro. by Newton.
Status: Ch. SL 2013-171 (Senate Action) (Jun 19 2013)

Bill History:

S 630/S.L. 2013-171

Bill Summaries:

  • Bill S 630 (SL 2013-171) (2013-2014)
    Summary date: Jun 24 2013 - View Summary

    AN ACT TO AMEND THE LAWS REGARDING DISPOSITION OF BLOOD EVIDENCE, ADMISSIBILITY OF REPORTS AFTER NOTICE AND DEMAND, AND EXPUNCTION OF DNA SAMPLES TAKEN UPON ARREST. Enacted June 19, 2013. Section 1 is effective June 19, 2013. The remainder is effective December 1, 2013, and applies to proceedings held on or after that date and verification forms received by the SBI on or after that date.

    Court System, Evidence
    GS 8, GS 15A, GS 20, GS 90
  • Bill S 630 (2013-2014)
    Summary date: Jun 5 2013 - View Summary

    House committee substitute makes the following changes to the 2nd edition.Provides that sections 2 through 9 of this act become effective December 1, 2013, and apply to (1) proceedings held on or after that date and (2) verification forms received by the State Bureau of Investigation on or after that date(was, sections 2 through 8 of this act apply to proceedings that occur on or after December 1, 2013).

    Court System, Evidence
    GS 8, GS 15A, GS 20, GS 90
  • Bill S 630 (2013-2014)
    Summary date: May 14 2013 - View Summary

    Senate amendment makes the following changes to the 1st edition:

    Amends GS 20-139.1 to change the date after which blood or urine evidence may be destroyed by the analyzing agency without further notice to the parties from 12 months after the issuance of the report to 12 months after the case is filed or after the case is concluded in the trial court and not under appeal, whichever is later.

     Modifies the effective date clause to make Section 1, amending GS 20-139.1, effective when the act becomes law (was, December 1, 2013).
  • Bill S 630 (2013-2014)
    Summary date: Apr 2 2013 - View Summary

    Substantively identical to H 386 filed on 3/20/13.

    Amends GS 20-139.1 to provide that an agency that conducts a chemical analysis of blood or urine samples for the presence of alcohol, a controlled substance or its metabolite, or any impairing substance may destroy the samples 12 months after the agency issues its report on all the examinations conducted without further notice to the parties. Also provides that if either party files a motion to preserve the evidence then the evidence must remain in the custody of the analyzing agency or the agency that collected the sample until a court of competent jurisdiction enters an order regarding the disposition of the evidence.

    Amends GS 8-58.20(f), 8-58.20(g)(5), 20-139.1(c1), 20-139.1(c3), 20-139.1(e1), 90-95(g), and 90-95(g1) to provide for the admissibility of reports and other evidence after notice and demand if the defendant's attorney of record, or if there is no attorney, the defendant, fails to file a written objection to the admissibility of the evidence, reports, samples, statement, or testimony.

    Amends GS 15A-266.3A(k) to require the SBI to act within 90 days (was, 30) of receipt of the verification form to mail notice acting on a defendant's request for expunction of a DNA record and destruction of DNA and to provide notice to the defendant of the disposition of the request for expunction.

    Effective December 1, 2013, and all provisions of this act, except the amendments to GS 20-139.1 and GS 15A-266.3A(k), apply to proceedings that occur on or after December 1, 2013.

     

    Court System, Evidence
    GS 8, GS 15A, GS 20, GS 90
View: All Summaries for Bill