The DNA Database Act of 2010

Effective February 1, 2011  The DNA Database Act of 2010 makes two significant changes to the State’s laws on DNA collection:  DNA samples will be collected upon arrest for specified offenses.  The general method of sampling is changed from a blood sample to a cheek swab for all DNA collection.

 Identify the offenses for which a DNA sample must be collected upon arrest pursuant to The DNA Database Act of  Identify the components, and their respective use, of the standardized DNA collection kit.

 Demonstrate the proper technique for DNA collection using a cheek cell collector.  Discuss how data will be transmitted to the SBI via Live Scan and manual methods.  Understand the integration of Live Scan with DNA collection.

This training session will provide the necessary tools needed to incorporate this new legislation into our routine practice in an effective and consistent manner across this state.

 July 1, 1994: Individuals convicted of certain felonies and misdemeanors  December 1, 2003: All felonies and certain misdemeanors  Which also includes individuals found not guilty by reason of insanity for all felonies and certain misdemeanors

 Collection of a DNA sample from individuals arrested for certain felony and misdemeanor offenses beginning on or after February 1, 2011

 A DNA sample shall be obtained and analyzed for any person who is arrested for the offenses listed in the statute unless:  A DNA sample has previously been obtained, and  That record and sample has not been expunged pursuant to any provision of law

 If making an arrest based on a warrant, the arresting officer must obtain, or cause to be obtained, a DNA sample from an arrested person at the time of arrest or when fingerprinted.

 If making an arrest without a warrant, the arresting officer shall not obtain the DNA sample prior to the magistrate making a determination that probable cause exists pursuant to N.C.G.S. § 15A-511.

 The DNA sample shall be obtained by a cheek cell collector unless a court order authorizes a blood sample to be obtained.  The arresting officer must forward the DNA sample to the State Bureau of Investigation (SBI) for analysis.

 The arresting officer must document:  Date and time the sample was taken  Name of the person taking the DNA sample  Name and address of the arrestee  The offense(s)  This record must be maintained in the case file and shall be made available to the prosecuting district attorney.  In addition, the arresting officer must complete a DNA collection card.

 The arresting officer must provide to the arrested person, written notice of the procedures for how to obtain an expunction of the DNA sample.

1 st and 2 nd Degree Murder Manslaughter Rape & Sexual Offenses Assaults* Kidnapping & Abduction Human Trafficking 1 st and 2 nd Degree Burglary Arson Armed Robbery Any offense requiring registration as a sex offender Cyberstalking Stalking Attempt, solicitation, conspiracy, aiding & abetting to commit any of these offenses listed *Verify that the particular assault authorizes you to collect a DNA sample

Jurisdiction Superior Court  A DNA sample must be taken from the juvenile if he/she is being transferred for one of the offenses listed in the general statute for adult arrestees

 The magistrate will require the collection of a DNA sample from the individual arrested before pretrial release if one has not been previously obtained by the arresting officer.

 All DNA profiles and samples are confidential  They are NOT public records

 DNA records and samples may only be released for authorized purposes:  Law enforcement identification purposes  Federal Agencies  State Agencies  Local Agencies  Criminal defense and appeal purposes  Validation studies, quality control, or statistical purposes

 Any person who willfully discloses database information without authorization (whether they have access to the database or not)….. Is GUILTY of a Class H Felony

 Charges dismissed  Acquittal  Convicted of lesser offense that does not qualify for obtaining a DNA sample upon arrest

 No charge filed within statue of limitations  No conviction + 3 years since arrest + no active prosecution and the person's DNA record is not required to be in the Database because  A sample already exists in the system ▪ Convicted offender sample  Offense is different from the one which was the basis for their arrest

Before June 1, 2012: Defendant will request district attorney to have his/her DNA record expunged if: ▪ No charge was filed, OR ▪ No conviction, 3 years since arrest, no active prosecution, AND person’s DNA is not required to be in the database

On or after June 1, 2012: The defendant will no longer be required to forward a request to the district attorney. The district attorney will initiate the expungement process.

Prior to June 1, 2010 Fills out the verification form within 30 days of the receipt of request OR within 30 days of charges being dismissed, acquittal, or individual convicted of a lesser misdemeanor offense This form is then sent to the SBI. Verification Form Includes *Facts of the qualifying event *Last known address *Signature of District Attorney or Judge

On or after June 1, 2012 The District Attorney will initiate the process on his own.

Within 30 days of receiving the verification form, the SBI will:  Recheck the sample to determine if it’s eligible for expungement  Remove the DNA record and samples, if eligible  Notify the defendant whether or not the DNA sample was destroyed

 The Defendant may file a motion with the court to review the denial or the failure of the district attorney/SBI to act within the prescribed time period.  Any ID, warrant, PC to arrest, or CODIS hit which occurs after the statutory period is inadmissible for prosecuting the defendant.

 Standardized kit for the collection of DNA from certain arrestees and convicted offenders  Fax your requests for kits to the NCSBI DNA Database Unit:

 Outer blue envelope  Cheek cell collector  White transport pouch  Red integrity seal  Clear gloves  Instruction Sheet  Expungement Procedures

 Confirm the identity of the individual before collection  Follow the instructions provided in the kit  Do not use the kit if:  The kit’s integrity seal is broken or tampered with  Any components are missing  The barcodes on any components do not match

 To begin collecting a sample, first verify that all kit components are present and that barcoded components have the same unique barcode number.

 You must wear gloves! The subject does not need to wear gloves.  Put gloves on before opening the collector wrapper and wear them until you place the collector in the white pouch.  Always wear a new pair of gloves.

Never touch the paper end of the collector! Hold the collector by the handle base **Important!!** DO NOT throw away the plastic wrapper, yet! It contains a barcode that you will need.

 Push the slider cover back.  Show the back of the collector marked “thumb” to the subject.  Have the subject hold his or her thumb on the area marked “thumb.”

 Instruct the subject to open his or her mouth and place the collection paper flat against their cheek. Observe that the collection paper is facing outward.

 The subject will drag the collector towards the lips and out of the mouth.  This action will be repeated 7 more times.  DO NOT RUB the collector back and forth against the cheek.

 Have the subject hand the collector back to you.  Verify that the paper is intact & push the slider cover forward.  Remember: ▪ You are wearing gloves during this step. ▪ Do not touch the paper.

 Verify that the barcode on the pouch matches the barcode on the cheek collector.  Place the collector into the pouch.  Seal the envelope.  Fill out the “Sealed by” and “Date” lines on the pouch.

 At this point, you can remove your gloves.  Place the red integrity seal half way on the envelope flap and half way off.  Check the box for “Arrestee” or “Convicted Offender” on the back of the pouch.

 An SBI DNA Database Collection Card must be filled out for every collection either using Live Scan or manually.

 Use Live Scan to enter all of the information and roll the fingerprints of each thumb. Print the card.OR  Fill out the card manually and roll the fingerprints of each thumb onto the card. If an alternate finger is used, note this on the card.

 The subject must provide their signature.  You must provide your signature, as the collection personnel.  Place the barcode from the clear wrapper onto the collection card.

 You must provide to the arrested person, written notice of the procedures for how to obtain an expunction of the DNA sample.

 Place the collection card & the cheek cell collector (which is now contained inside the white pouch) into the preaddressed, postage paid blue envelope.  Seal the envelope.  Send the completed kit to the SBI Laboratory.

 What is Live Scan?  Electronic data used for entering fingerprints from a known individual.  Fingerprints and data SAFIS  SAFIS compares fingerprints to other known fingerprints in the system.

SAFIS Individual Identified FBI You obtain fingerprints No Identification SID #

 For jurisdictions participating in the Secure Communities program, SAFIS:  Forwards the fingerprints to Immigration and Customs Enforcement for identification  Returns the response to the submitting Live Scan device indicating the subject’s immigration and naturalization status

 In support of collecting DNA, Live Scan will be modified to do the following:  Saves information pertaining to collecting DNA at the time of arrest  Forwards the DNA information to the SBI  Prompts you if the arrest charges are eligible for DNA collection  Notifies you if the subject has a convicted offender DNA sample already on file

 Live Scan also: ▪ Saves information of convicted offenders whose DNA is being collected ▪ Prompts you if the conviction offenses are eligible for DNA collection ▪ Prints a DNA collection card for use in collection of DNA samples upon arrest and convictions as allowed by law

 Upon arrest, enter an individual’s pertinent information into Live Scan.  Review information from SAFIS: Is the DNA profile already on file?  Print the collection card if a DNA sample is taken.

 Use the approved collection kit to collect the DNA sample.  Place the assigned bar code from the kit onto the card.  Mail the specimen and card to the NC SBI Crime Laboratory.

 Subject fingerprint and collection cards must be manually completed.  Kit barcode must be placed on the arrestee’s specimen collection card.  DNA sample must be collected utilizing the approved collection kit.  Mail the specimen and collection card to the NC SBI Crime Laboratory.

 History of obtaining DNA samples for the SBI DNA Database  Provisions of the DNA Database Act of 2010  Legal requirements for DNA collection  Procedures for collecting DNA samples  Data transmission of information

DNA Database Unit Forensic Biology Section  Amanda Thompson x 2526  Amanda Overman x 2643