H674: Require DNA for Various Charges. Latest Version



AN ACT to require that a dna sample be obtained from any person who is arrested for committing various assault and domestic violence offenses.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 15A‑266.3A reads as rewritten:

§ 15A‑266.3A.  DNA sample required for DNA analysis upon arrest for certain offenses.

(a)        Unless a DNA sample has previously been obtained by lawful process and the DNA record stored in the State DNA Database, and that record and sample has not been expunged pursuant to any provision of law, a DNA sample for DNA analysis and testing shall be obtained from any person who is arrested for committing an offense described in subsection (f) (f), (f1), or (g) of this section.



(f)        This section applies to a person arrested for violating any one of the following offenses in Chapter 14 of the General Statutes:



(4)        G.S. 14‑28, Malicious castration; G.S. 14‑29, Castration or other maiming without malice aforethought; G.S. 14‑30, Malicious maiming; G.S. 14‑30.1, Malicious throwing of corrosive acid or alkali; G.S. 14‑31, Maliciously assaulting in a secret manner; G.S. 14‑32, Felonious assault with deadly weapon with intent to kill or inflicting serious injury; G.S. 14‑32.1(e), Aggravated assault or assault and battery on an individual with a disability; G.S. 14‑32.2(a) when punishable pursuant to G.S. 14‑32.2(b)(1), Patient abuse and neglect, intentional conduct proximately causes death; G.S. 14‑32.3(a), Domestic abuse of disabled or elder adults resulting in injury; G.S. 14‑32.4, Assault inflicting serious bodily injury or injury by strangulation; G.S. 14‑33(c)(2), Assault on a female by a male person at least 18 years of age; G.S. 14‑33(c)(3), Assault on a child under the age of 12 years; G.S. 14‑33.2, Habitual misdemeanor assault; G.S. 14‑34.1, Discharging certain barreled weapons or a firearm into occupied property; G.S. 14‑34.2, Assault with a firearm or other deadly weapon upon governmental officers or employees, company  police officers, or campus police officers; G.S. 14‑34.4, Adulterated or misbranded food, drugs, etc.; intent to cause serious injury or death; intent to extort; G.S. 14‑34.5, Assault with a firearm on a law enforcement, probation, or parole officer or on a person employed at a State or local detention facility; G.S. 14‑34.6, Assault or affray on a firefighter, an emergency medical technician, medical responder, emergency department nurse, or emergency department physician; G.S. 14‑34.7, Assault inflicting serious injury on a law enforcement, probation, or parole officer or on a person employed at a State or local detention facility; G.S. 14‑34.9, Discharging a firearm from within an enclosure; and G.S. 14‑34.10, Discharge firearm within enclosure to incite fear.



(8a)      G.S. 14‑163.1(a1), Assaulting a law enforcement agency animal, an assistance animal, or a search and rescue animal willfully killing the animal.



(f1)      This section applies to a person arrested for violating any one of the offenses found in G.S. 50B‑4.1.

(g)        This section also applies to a person arrested for attempting, solicitation of another to commit, conspiracy to commit, or aiding and abetting another to commit, any of the violations included in subsection subsections (f) and (f1) of this section.

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SECTION 2.  G.S. 15A‑266.2 reads as rewritten:

§ 15A‑266.2.  Definitions.

As used in this Article, unless another meaning is specified or the context clearly requires otherwise, the following terms have the meanings specified:

(1)        Arrestee means any person arrested for an offense in G.S. 15A‑266.3A(f) G.S. 15A‑266.3A(f), (f1), or (g).

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SECTION 3.  This act becomes effective December 1, 2021, and applies to offenses committed on or after that date.