§ 15A-101.1. Electronic technology in criminal process and procedure. - North Carolina Statutes

§ 15A‑101.1.  Electronictechnology in criminal process and procedure.

As used in this Chapter, inChapter 7A of the General Statutes, in Chapter 15 of the General Statutes, andin all other provisions of the General Statutes that deal with criminal processor procedure:

(1)        "Copy"means all identical versions of a document created or existing in paper form,including the original and all other identical versions of the document inpaper form.

(2)        "Document"means any pleading, criminal process, subpoena, complaint, motion, application,notice, affidavit, commission, waiver, consent, dismissal, order, judgment, orother writing intended in a criminal or contempt proceeding to authorize orrequire an action, to record a decision or to communicate or record information.The term does not include search warrants. A document may be created and existin paper form or in electronic form or in both forms. Each document shallcontain the legible, printed name of the person who signed the document.

(3)        "Electronic"means relating to technology having electrical, digital, magnetic, wireless,optical, electromagnetic, Internet, or similar capabilities.

(4)        "ElectronicRepository" means an automated electronic repository for criminal processcreated and maintained pursuant to G.S. 15A‑301.1.

(5)        "Electronicsignature" means any electronic method of signing a document that meetseach of the following requirements:

a.         Identifies andauthenticates a particular person as the signer of the document, is unique tothe person using it, is capable of certification, and is under the sole controlof the person using it.

b.         Is attached to orlogically associated with the document in such a manner that if the document isaltered in any way without authorization of the signer, the signature isinvalidated.

c.         Indicates thatperson's intent to issue, enter or otherwise authenticate the document.

(6)        "Entered"means signed and filed in the office of the clerk of superior court of thecounty in which the document is to be entered. A document may be entered ineither paper form or electronic form.

(7)        "Filing"or "filed" means:

a.         When the document isin paper form, delivering the original document to the office where thedocument is to be filed. Filing is complete when the original document isreceived in the office where the document is to be filed.

b.         When the document isin electronic form, creating and saving the document, or transmitting it, insuch a way that it is unalterably retained in the electronic records of theoffice where the document is to be filed. A document is "unalterablyretained" in an electronic record when it may not be edited or otherwisealtered except by a person with authorization to do so. Filing is complete whenthe document has first been unalterably retained in the electronic records ofthe office where the document is to be filed.

(8)        "Issued"applies to documents in either paper form or electronic form. A document thatis first created in paper form is issued when it is signed. A document that isfirst created in electronic form is issued when it is signed, filed in theoffice of the clerk of superior court of the county for which it is to beissued, and retained in the Electronic Repository.

(9)        "Original"means:

a.         A document firstcreated and existing only in paper form, bearing the original signature of theperson who signed it. The term also includes each copy in paper form that isprinted through the facsimile transmission of the copy bearing the originalsignature of the person who signed it.

b.         A document existingin electronic form, including the electronic form of the document and any copythat is printed from the electronic form.

(10)      "Signature"means any symbol, including, but not limited to, the name of an individual,which is executed by that individual, personally or through an authorizedagent, with the intent to authenticate or to effect the issuance or entry of adocument. The term includes an electronic signature. A document may be signedby the use of any manual, mechanical or electronic means that causes theindividual's signature to appear in or on the document. Any party challengingthe validity of a signature shall have the burden of pleading, producingevidence, and proving the following:

a.         The signature wasnot the act of the person whose signature it appears to be.

b.         If the signature isan electronic signature, the requirements of subdivision (5) of this sectionhave not been met. (2002‑64,s. 1.)