TO REQUIRE THE STATE TO PRESERVE AND MAKE AVAILABLE TO THE NORTH CAROLINA INNOCENCE INQUIRY COMMISSION CERTAIN CASE FILES AND EVIDENCE, TO REQUIRE THE NORTH CAROLINA INNOCENCE INQUIRY COMMISSION TO PRESERVE THOSE FILES AND EVIDENCE, AND TO ALLOW THE NORTH CAROLINA INNOCENCE INQUIRY COMMISSION TO TEST EVIDENCE AND UPLOAD TEST RESULTS THAT COMPLY WITH FEDERAL CRITERIA TO CODIS.
Amends GS 15A-268(b) to require custodial agencies to determine prior to disposing evidence, as specified, that they have no duty to preserve the evidence under GS 15A-1471. Adds to the list of reasons for requesting that evidence be preserved that the case has been referred to the Innocence Inquiry Commission. Enacts new GS 15A-1471, requiring the state to preserve all files and evidence subject to disclosure under GS 15A-903 when the Innocence Inquiry Commission (Commission) provides written notice of a Commission inquiry. Provides that the Commission is entitled to a copy of all records preserved, including access to inspect, examine, and forensically test physical evidence as necessary for the Commission’s inquiry. Requires profiles obtained by the Commission through qualified testing to be searched and uploaded to the Federal Bureau of Investigation’s Combined DNA Index System (CODIS).
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