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.
EVIDENCE & DNA EXPUNCTION LAWS.-AB
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View NCGA Bill Details(link is external) | 2013-2014 Session |
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.
Bill History:
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Tue, 2 Apr 2013 Senate: Filed(link is external)
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Wed, 3 Apr 2013 Senate: Passed 1st Reading(link is external)
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Wed, 3 Apr 2013 Senate: Ref To Com On Judiciary I(link is external)
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Thu, 9 May 2013 Senate: Reptd Fav(link is external)
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Mon, 13 May 2013 Senate: Withdrawn From Cal(link is external)
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Mon, 13 May 2013 Senate: Placed On Cal For 05/14/2013(link is external)
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Tue, 14 May 2013 Senate: Amend Adopted A1(link is external)
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Tue, 14 May 2013 Senate: Passed 2nd Reading(link is external)
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Tue, 14 May 2013 Senate: Passed 3rd Reading(link is external)
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Tue, 14 May 2013 Engrossed(link is external)
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Wed, 15 May 2013 House: Rec From Senate(link is external)
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Thu, 16 May 2013 House: Passed 1st Reading(link is external)
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Thu, 16 May 2013 House: Ref To Com On Judiciary Subcommittee B(link is external)
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Wed, 5 Jun 2013 House: Reptd Fav Com Substitute(link is external)
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Wed, 5 Jun 2013 House: Cal Pursuant Rule 36(b)(link is external)
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Wed, 5 Jun 2013 House: Placed On Cal For 06/06/2013(link is external)
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Thu, 6 Jun 2013 House: Passed 2nd Reading(link is external)
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Thu, 6 Jun 2013 House: Passed 3rd Reading(link is external)
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Mon, 10 Jun 2013 Senate: Rec To Concur H Com Sub(link is external)
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Mon, 10 Jun 2013 Senate: Placed On Cal For 06/12/2013(link is external)
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Wed, 12 Jun 2013 Senate: Concurred In H/Com Sub(link is external)
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Wed, 12 Jun 2013 Senate: Ordered Enrolled(link is external)
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Thu, 13 Jun 2013 Ratified(link is external)
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Thu, 13 Jun 2013 Pres. To Gov. 06/14/2013(link is external)
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Wed, 19 Jun 2013 Signed by Gov. 6/19/2013(link is external)
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Wed, 19 Jun 2013 Ch. SL 2013-171(link is external)
Bill Summaries:
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Summary date: Jun 24 2013 - View Summary
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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).
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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).
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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.