H.B. 674
GENERAL ASSEMBLY OF NORTH CAROLINA
Apr 22, 2021
SESSION 2021 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH30314-NDa-3A
Short Title: Require DNA for Various Charges/DNA Kit Funds. (Public)
Sponsors: Representative Richardson.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO REQUIRE THAT A DNA SAMPLE BE OBTAINED FROM ANY PERSON
3 WHO IS ARRESTED FOR COMMITTING VARIOUS ASSAULT AND DOMESTIC
4 VIOLENCE OFFENSES AND TO APPROPRIATE FUNDS.
5 The General Assembly of North Carolina enacts:
6 SECTION 1.(a) G.S. 15A-266.3A reads as rewritten:
7 "§ 15A-266.3A. DNA sample required for DNA analysis upon arrest for certain offenses.
8 (a) Unless a DNA sample has previously been obtained by lawful process and the DNA
9 record stored in the State DNA Database, and that record and sample has not been expunged
10 pursuant to any provision of law, a DNA sample for DNA analysis and testing shall be obtained
11 from any person who is arrested for committing an offense described in subsection (f) (f), (f1),
12 or (g) of this section.
13 …
14 (f) This section applies to a person arrested for violating any one of the following
15 offenses in Chapter 14 of the General Statutes:
16 …
17 (4) G.S. 14-28, Malicious castration; G.S. 14-29, Castration or other maiming
18 without malice aforethought; G.S. 14-30, Malicious maiming; G.S. 14-30.1,
19 Malicious throwing of corrosive acid or alkali; G.S. 14-31, Maliciously
20 assaulting in a secret manner; G.S. 14-32, Felonious assault with deadly
21 weapon with intent to kill or inflicting serious injury; G.S. 14-32.1(e),
22 Aggravated assault or assault and battery on an individual with a disability;
23 G.S. 14-32.2(a) when punishable pursuant to G.S. 14-32.2(b)(1), Patient
24 abuse and neglect, intentional conduct proximately causes death;
25 G.S. 14-32.3(a), Domestic abuse of disabled or elder adults resulting in injury;
26 G.S. 14-32.4, Assault inflicting serious bodily injury or injury by
27 strangulation; G.S. 14-33(c)(2), Assault on a female by a male person at least
28 18 years of age; G.S. 14-33(c)(3), Assault on a child under the age of 12 years;
29 G.S. 14-33.2, Habitual misdemeanor assault; G.S. 14-34.1, Discharging
30 certain barreled weapons or a firearm into occupied property; G.S. 14-34.2,
31 Assault with a firearm or other deadly weapon upon governmental officers or
32 employees, company police officers, or campus police officers; G.S. 14-34.4,
33 Adulterated or misbranded food, drugs, etc.; intent to cause serious injury or
34 death; intent to extort; G.S. 14-34.5, Assault with a firearm on a law
35 enforcement, probation, or parole officer or on a person employed at a State
36 or local detention facility; G.S. 14-34.6, Assault or affray on a firefighter, an
*DRH30314-NDa-3A*
 General Assembly Of North Carolina Session 2021
1 emergency medical technician, medical responder, emergency department
2 nurse, or emergency department physician; G.S. 14-34.7, Assault inflicting
3 serious injury on a law enforcement, probation, or parole officer or on a person
4 employed at a State or local detention facility; G.S. 14-34.9, Discharging a
5 firearm from within an enclosure; and G.S. 14-34.10, Discharge firearm
6 within enclosure to incite fear.
7 …
8 (8a) G.S. 14-163.1(a1), Assaulting a law enforcement agency animal, an assistance
9 animal, or a search and rescue animal willfully killing the animal.
10 …
11 (f1) This section applies to a person arrested for violating any one of the offenses found
12 in G.S. 50B-4.1.
13 (g) This section also applies to a person arrested for attempting, solicitation of another to
14 commit, conspiracy to commit, or aiding and abetting another to commit, any of the violations
15 included in subsection subsections (f) and (f1) of this section.
16 …."
17 SECTION 1.(b) G.S. 15A-266.2 reads as rewritten:
18 "§ 15A-266.2. Definitions.
19 As used in this Article, unless another meaning is specified or the context clearly requires
20 otherwise, the following terms have the meanings specified:
21 (1) "Arrestee" means any person arrested for an offense in G.S. 15A-266.3A(f)
22 G.S. 15A-266.3A(f), (f1), or (g).
23 …."
24 SECTION 1.(c) This section becomes effective December 1, 2021, and applies to
25 offenses committed on or after that date.
26 SECTION 2.(a) There is appropriated from the General Fund to the Department of
27 Justice one million seventy-nine thousand twenty-two dollars ($1,079,022) in recurring funds for
28 both fiscal years of the 2021-2023 fiscal biennium to be allocated to the State Crime Laboratory
29 to be used as follows:
30 (1) $630,000 to be used for supplies and collection kits for DNA testing.
31 (2) $449,022 to be used for two full-time forensic scientist positions and four
32 full-time criminal justice specialist/investigator positions.
33 SECTION 2.(b) This section becomes effective July 1, 2021.
34 SECTION 3. Except as otherwise provided, this act is effective when it becomes
35 law.
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Statutes affected:
Filed: 15A-266.3A, 15A-266.2
Edition 1: 15A-266.3A, 15A-266.2
Edition 2: 15A-266.3A, 15A-266.2
Edition 3: 15A-266.4, 143B-1200, 131E-91
Edition 4: 15A-266.4, 143B-1200, 131E-91, 105-228.37, 161-22
Ratified: 15A-266.4, 143B-1200, 131E-91, 105-228.37, 161-22
SL 2022-50: 15A-266.4, 143B-1200, 131E-91, 105-228.37, 161-22