Senate committee substitute makes the following changes to 3rd edition.
Deletes all provisions in the previous version and replaces them with 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.
Enacts new subsection (h) to GS 20-139.1, allowing the destruction of any blood or urine sample subject to chemical analysis for the presence of any impairing substance 12 months after the report is issued without notice to the parties, unless a motion to preserve the evidence has been filed.
Amends GS 8-58.20(f) to require (rather than allow) that the laboratory report of a forensic analysis and affidavit be admitted in evidence without the analyst’s appearance if the defendant’s attorney or the defendant, if self-represented, does not file a written objection within the specified time period. Makes a similar change to GS 8-58.20(g)(5) (procedure for establishing chain of custody). Makes a similar change to GS 20-139.1 (chemical analysis of blood or urine) and to GS 90-95 (chemical analysis for controlled substance) and enacts new provision in GS 90-95(g1) to conform to the chain of custody requirement. Specifies that these amendments apply to proceedings occurring on or after December 1, 2012.
Amends GS 15A-266.3A to clarify that the defendant must provide to the district attorney a signed request form to request the expunction of the defendant’s DNA when one of the events in GS 15A-266.3A(h)(1) (previously limited to fewer circumstances) occurs (previously did not require an affirmative request after June 1, 2012). Requires the State Bureau of Investigation to take one of the prescribed acts within 90 days (was, 30 days) following receipt of the verification form from the district attorney. Makes conforming changes.
Effective December 1, 2012.