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You are here: Home / Archives for Legislation

Legislation

Summer 2020 Hemp Update

June 18, 2020 //  by Phil Dixon, Jr.

Originally posted on June 16, 2020 on the North Carolina Criminal Law blog On Thursday, June 4, 2020, the North Carolina General Assembly passed S.B. 315, referred to as the State Farm Bill, which was subsequently signed into law by the Governor. The bill was pending all last session and stalled, allegedly over a dispute about how …

Summer 2020 Hemp UpdateRead More

Category: LegislationForensic Discipline: Drug Analysis

Online tracking system for Sexual Assault Evidence Collection Kits now available

June 28, 2019 //  by Sarah Olson

In 2018, the NC General Assembly passed legislation (S.L. 2018-70) requiring the creation of the a statewide tracking system to track the testing of Sexual Assault Evidence Collection Kits (SAECKs) from collection to completion of forensic testing. The tracking system is now available for all stakeholders in the criminal justice system.

Online tracking system for Sexual Assault Evidence Collection Kits now availableRead More

Category: Announcements, Crime Labs, Legislation, WebsitesForensic Discipline: Blood and Bodily Fluids, Crime Labs, DNA, Forensic/Sexual Assault Exams

Hemp or Marijuana

May 23, 2019 //  by Phil Dixon, Jr.

Originally posted on May 21, 2019 on the North Carolina Criminal Law blog. Back in November of last year, I wrote about hemp and CBD laws here. I have been teaching quite a bit on the subject lately and wanted to follow up that post with an examination of how legal use of hemp products …

Hemp or MarijuanaRead More

Category: Announcements, Crime Labs, Legislation, Practice TipsTag: Cannabis, CBD, Drug Identification, Drug Paraphrenalia, Drug Tests, Hemp, Marijuana, Probable Cause, Search and Seizure, State v. Fletcher, THCForensic Discipline: Drug Analysis

Sexual Assault Kit Tracking Now Available

November 16, 2018 //  by zenjoi

In 2018, the NC General Assembly passed legislation (S.L. 2018-70) requiring the creation of the a statewide tracking system to track the testing of Sexual Assault Evidence Collection Kits (SAECKs) from collection to completion of forensic testing. The tracking system is now available for all stakeholders in the criminal justice system.

Sexual Assault Kit Tracking Now AvailableRead More

Category: LegislationForensic Discipline: Blood and Bodily Fluids, DNA, Forensic/Sexual Assault Exams

Hemp or Marijuana?

September 6, 2018 //  by Sarah Olson

Your client is charged with possession of marijuana. They tell you they possessed hemp – not marijuana. Industrial hemp is not visually distinguishable from illicit marijuana. Is that a defense? I would say yes, if your client is a licensed industrial hemp farmer growing industrial hemp in compliance with all regulations. But, if your client …

Hemp or Marijuana?Read More

Category: LegislationForensic Discipline: Drug Analysis

Post on new fees for forensic expert testimony

September 18, 2013 //  by Sarah Olson

School of Government Professor Jessica Smith authored an informative post entitled Imposing Fees for Forensic Expert Testimony — Is It Constitutional? on the North Carolina Criminal Law blog this morning. The post looks at a new $600 fee imposed on defendants when a State Crime Lab or a local crime lab analyst testifies at trial regarding …

Post on new fees for forensic expert testimonyRead More

Category: Experts, LegislationForensic Discipline: Foundations of Forensics

Accreditation of local crime labs

March 14, 2013 //  by Sarah Olson

For those of you who have been tracking the provision in the Forensic Sciences Act of 2011 that requires local crime labs to become accredited, a bill has been introduced to extend the time for local crime labs to become accredited to July 1, 2020. Below are links to the relevant legislation: Forensic Sciences Act …

Accreditation of local crime labsRead More

Category: Crime Labs, LegislationForensic Discipline: Crime Labs

Changes to requirements for remitting lab fees

July 19, 2012 //  by Sarah Olson

HB 950  (S.L. 2012-142) adds requirements for remitting costs in criminal cases where a defendant is found guilty or pleads guilty or nolo contendere, including the $600.00 lab fee that is assessed where there has been DNA analysis, toxicology, or drug analysis performed at the State Crime Lab or a local crime lab. Previously, lab …

Changes to requirements for remitting lab feesRead More

Category: Crime Labs, LegislationForensic Discipline: Crime Labs

Notice and demand procedures

July 9, 2012 //  by Sarah Olson

Jessica Smith’s recent post, Don’t Look a Gift Horse in the Mouth, on the School of Government’s North Carolina Criminal Law blog reminded readers about the use notice and demand statutes in cases involving lab reports or chain of custody statements. Notice and demand statutes, in a nutshell, allow prosecutors to obtain a waiver of …

Notice and demand proceduresRead More

Category: Legislation, Motions & BriefsForensic Discipline: Foundations of Forensics

Legislative Change Regarding Expert Testimony

August 17, 2011 //  by agrinesog

By Alyson Grine, UNC School of Government Defender Educator In S.L. 2011-283 (H 542), the General Assembly revised North Carolina Evidence Rule 702(a). Rule 702(a) guides the trial court in serving a gatekeeper function with regard to expert testimony; the trial court must make a preliminary determination as to whether a witness has the qualifications …

Legislative Change Regarding Expert TestimonyRead More

Category: Experts, LegislationForensic Discipline: Foundations of Forensics

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