EVIDENCE & DNA EXPUNCTION LAWS.-AB

View NCGA Bill Details2013-2014 Session
House Bill 386 (Public) Filed Wednesday, March 20, 2013
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 Stevens.

Status: Ref To Com On Rules and Operations of the Senate (Senate Action) (Apr 15 2013)

SOG comments (3):

Identical bill.

Substantively identical to S 630 filed on 4/2/13.

Long title change

The House committee substitute to the 1st edition changes the act's long title. The original title was: 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 bill

Identical to S 682, filed 4/2/13.

H 386

Bill Summaries:

  • Summary date: Apr 11 2013 - More information

    House amendment makes the following changes to the 2nd edition.

    Establishes that blood or urine samples that were subject to chemical analysis can be destroyed by the analyzing agency 12 months after the case is filed or after the case is concluded in the trial court and not under appeal, whichever is later, without further notice to the parties (previously, samples could be destroyed 12 months after the issuance date of the report of all examinations conducted).

    Deletes language which states that the provisions of Section 1 of the act, Disposition of Blood Evidence, applies to reports issued on or after December 1, 2013, now making Section 1 effective when it becomes law.


  • Summary date: Apr 3 2013 - More information

    House committee substitute to the 1st edition makes the following changes. Amends the act's long title to more accurately reflect the act's content. Makes technical changes. Provides that Section 1 of the act, amending GS 20-139.1 concerning the disposition of blood evidence, applies to reports issued on or after December 1, 2013. Provides that Section 9 of the act, increasing the timeframe in GS 15A-266.3A(k), applies to verification forms received by the SBI on or after December 1, 2013.


  • Summary date: Mar 20 2013 - More information

    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 anyimpairing 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 thatif 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 acourt 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 demandif 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 adefendant's request for expunction of a DNA record and destruction of DNAand 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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