AN ACT TO REQUIRE THAT A DNA SAMPLE BE OBTAINED FROM ANY PERSON WHO IS CONVICTED OR FOUND NOT GUILTY BY REASON OF INSANITY FOR COMMITTING VARIOUS ASSAULT AND DOMESTIC VIOLENCE OFFENSES AND TO REVISE THE LAW GOVERNING THE ASSISTANCE PROGRAM FOR VICTIMS
OF RAPE AND SEX OFFENSES AND TO REVISE THE LAW GOVERNING REFUNDS FOR THE OVERPAYMENT OF EXCISE TAX AND TO REQUIRE REGISTERS OF DEEDS TO MAINTAIN BACKUP STORAGE MEDIA.
Amends GS 15A-266.3A, which requires a DNA sample for DNA analysis and testing to be obtained from any person arrested for committing specified offenses, unless a DNA sample has been previously obtained by lawful process and the record, which has not been expunged, is stored in the DNA Database. Expands the specified offenses to include GS 14-33(c)(2), Assault on a female by a male person at least 18 years of age; GS 14-33(c)(3), Assault on a child under the age of 12 years; and GS 50B-4.1, Violations of valid protective order. Makes conforming changes to make the provisions applicable to persons arrested for attempting, soliciting another to commit, conspiring to commit, or aiding and abetting another to commit any of the named violations, as expanded. Makes further conforming changes.
Amends GS 15A-266.2 to include persons arrested for the offenses under GS 15A-266.3A, as amended, in the defined term arrestee, as the term applies to Article 13, DNA Database and Databank.
Applies to offenses committed on or after December 1, 2021.
Appropriates $1,079,022 in recurring funds from the General Fund to the Department of Justice for each year of the 2021-23 fiscal biennium to be allocated to the State Crime Laboratory in specified amounts for supplies and collection kits for DNA testing, and two full-time forensic scientist positions and four full-time criminal justice specialist/investigator positions. Effective July 1, 2021.