§ 15A-269. Request for postconviction DNA testing. - North Carolina Statutes

§ 15A‑269.  Request forpostconviction DNA testing.

(a)        A defendant maymake a motion before the trial court that entered the judgment of convictionagainst the defendant for performance of DNA testing and, if testing complieswith FBI requirements and the data meets NDIS criteria, profiles obtained fromthe testing shall be searched and/or uploaded to CODIS if the biologicalevidence meets all of the following conditions:

(1)        Is material to thedefendant's defense.

(2)        Is related to theinvestigation or prosecution that resulted in the judgment.

(3)        Meets either of thefollowing conditions:

a.         It was not DNAtested previously.

b.         It was testedpreviously, but the requested DNA test would provide results that aresignificantly more accurate and probative of the identity of the perpetrator oraccomplice or have a reasonable probability of contradicting prior testresults.

(b)        The court shallgrant the motion for DNA testing and, if testing complies with FBIrequirements, the run of any profiles obtained from the testing, upon itsdetermination that:

(1)        The conditions setforth in subdivisions (1), (2), and (3) of subsection (a) of this section havebeen met;

(2)        If the DNA testingbeing requested had been conducted on the evidence, there exists a reasonableprobability that the verdict would have been more favorable to the defendant;and

(3)        The defendant hassigned a sworn affidavit of innocence.

(b1)      If the court ordersDNA testing, such testing shall be conducted by an SBI‑approved testingfacility, mutually agreed upon by the petitioner and the State and approved bythe court. If the parties cannot agree, the court shall designate the testingfacility and provide the parties with reasonable opportunity to be heard on theissue.

(c)        The court shallappoint counsel for the person who brings a motion under this section if thatperson is indigent. If the petitioner has filed pro se, the court shall appointcounsel for the petitioner upon a showing that the DNA testing may be materialto the petitioner's claim of wrongful conviction.

(d)        The defendant shallbe responsible for bearing the cost of any DNA testing ordered under thissection unless the court determines the defendant is indigent, in which eventthe State shall bear the costs.

(e)        DNA testing orderedby the court pursuant to this section shall be done as soon as practicable.However, if the court finds that a miscarriage of justice will otherwise occurand that DNA testing is necessary in the interests of justice, the court shallorder a delay of the proceedings or execution of the sentence pending the DNAtesting.

(f)         Upon receipt of amotion for postconviction DNA testing, the custodial agency shall inventory theevidence pertaining to that case and provide the inventory list, as well as anydocuments, notes, logs, or reports relating to the items of physical evidence,to the prosecution, the petitioner, and the court.

(g)        Upon receipt of amotion for postconviction DNA testing, the State shall, upon request,reactivate any victim services for the victim of the crime being investigatedduring the reinvestigation of the case and pendency of the proceedings.

(h)        Nothing in thisArticle shall prohibit a convicted person and the State from consenting to andconducting postconviction DNA testing by agreement of the parties, withoutfiling a motion for postconviction testing under this Article.  (2001‑282, s. 4; 2007‑539,s. 3; 2009‑203, s. 5.)