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, AND TO CHANGE THE METHOD FOR DETERMINING THE SENIOR RESIDENT SUPERIOR COURT JUDGE FOR A DISTRICT.
Identical to H 386, filed 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.
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