NC H778

Requires custodial agencies to preserve all physical evidence containing biological material regardless of collection date, maintained with proper chain of custody documentation.

Allows defendants to request inventory of biological evidence in their cases and requires custodial agencies to provide copies of court orders if evidence was destroyed.

Adds requirement that custodial agencies determine they have no duty to preserve evidence under new G.S. 15A-1471 before disposing of evidence, and adds cases referred to the Innocence Inquiry Commission as a reason to preserve evidence.

Establishes new G.S. 15A-1471 requiring the State to preserve all discoverable files and evidence upon receiving notice of a Commission inquiry, and authorizes the Commission to conduct forensic and DNA testing on physical evidence, including uploading profiles to CODIS if they meet FBI requirements.

Modifies the Innocence Inquiry Commission process to clarify that claimants and their counsel can refer cases, requires prehearing conferences with district attorneys at least 10 days before Commission proceedings, and transfers special prosecutor appointment authority from the Director of Administrative Office of Courts to the Attorney General.