2005 North Carolina Code - General Statutes § 15A-269. Request for postconviction DNA testing.

§ 15A‑269.  Request for postconviction DNA testing.

(a)       A defendant may make a motion before the trial court that entered the judgment of conviction against the defendant for performance of DNA testing of any biological evidence that meets all of the following conditions:

(1)       Is material to the defendant's defense.

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

(3)       Meets either of the following conditions:

a.         It was not DNA tested previously.

b.         It was tested previously, but the requested DNA test would provide results that are significantly more accurate and probative of the identity of the perpetrator or accomplice or have a reasonable probability of contradicting prior test results.

(b)       The court shall grant the motion for DNA testing of the evidence upon its determination that:

(1)       The conditions set forth in subdivisions (1), (2), and (3) of subsection (a) of this section have been met; and

(2)       If the DNA testing being requested had been conducted on the evidence, there exists a reasonable probability that the verdict would have been more favorable to the defendant.

(c)       The court shall appoint counsel for the person who brings a motion under this section if that person is indigent.

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

(e)       DNA testing ordered by 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 occur and that DNA testing is necessary in the interests of justice, the  court shall order a delay of the proceedings or execution of the sentence pending the DNA testing. (2001‑282, s. 4.)