2005 North Carolina Code - General Statutes § 15A-267. Access to DNA samples from crime scene.

§ 15A‑267.  Access to DNA samples from crime scene.

(a)       A criminal defendant shall have access before trial to the following:

(1)       Any DNA analyses performed in connection with the case in which the defendant is charged.

(2)       Any biological material, that has not been DNA tested, that was collected from the crime scene, the defendant's residence, or the defendant's property.

(b)       Access as provided for in subsection (a) of this section shall be governed by G.S. 15A‑902 and G.S. 15A‑952.

(c)       Upon a defendant's motion made before trial in accordance with G.S. 15A‑952, the court may order the SBI to perform DNA testing and DNA Database comparisons of any biological material collected but not DNA tested in connection with the case in which the defendant is charged upon a showing of all of the following:

(1)       That the biological material is relevant to the investigation.

(2)       That the biological material was not previously DNA tested.

(3)       That the testing is material to the defendant's defense.

(d)       The defendant shall be responsible for bearing the cost of any further testing and comparison of the biological materials, including any costs associated with the testing and comparison by the SBI in accordance with this section, unless the court has determined the defendant is indigent, in which event the State shall bear the costs. (2001‑282, s. 4.)