North Carolina § 15A-270 Post-test procedures

North Carolina Statutes

§ 15A-270 — Post-test procedures

North Carolina § 15A-270

Ch. 15ACriminal Procedure Act

Art. 13DNA Database and Databank

Subch. IILAW-ENFORCEMENT AND INVESTIGATIVE PROCEDURES

This text of North Carolina § 15A-270 (Post-test procedures) is published on Counsel Stack Legal Research, covering North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.C. Gen. Stat. § 15A-270 (2026).

Text

(a)Notwithstanding any other provision of law, upon receiving the results of the DNA testing conducted under G.S. 15A-269, the court shall conduct a hearing to evaluate the results and to determine if the results are unfavorable or favorable to the defendant.

(b)If the results of DNA testing conducted under this section are unfavorable to the defendant, the court shall dismiss the motion and, in the case of a defendant who is not indigent, shall assess the defendant for the cost of the testing.

(c)If the results of DNA testing conducted under this section are favorable to the defendant, the court shall enter any order that serves the interests of justice, including an order that does any of the following:

(1)Vacates and sets aside the judgment.

(2)Discharges the defendant, if the defe

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(a) Notwithstanding any other provision of law, upon receiving the results of the DNA testing conducted under G.S. 15A-269, the court shall conduct a hearing to evaluate the results and to determine if the results are unfavorable or favorable to the defendant.
(b) If the results of DNA testing conducted under this section are unfavorable to the defendant, the court shall dismiss the motion and, in the case of a defendant who is not indigent, shall assess the defendant for the cost of the testing.
(c) If the results of DNA testing conducted under this section are favorable to the defendant, the court shall enter any order that serves the interests of justice, including an order that does any of the following:
(1) Vacates and sets aside the judgment.
(2) Discharges the defendant, if the defendant is in custody.
(3) Resentences the defendant.
(4) Grants a new trial. (2001-282, s. 4.)