§7B-2105. Grounds for nontestimonial identification order

(a)        Except as provided in subsection (b) of this section, a nontestimonial identification order may issue only on affidavit or affidavits sworn to before the court and establishing the following grounds for the order:

(1)        That there is probable cause to believe that an offense has been committed that would be a felony if committed by an adult;

(2)        That there are reasonable grounds to suspect that the juvenile named or described in the affidavit committed the offense; and

(3)        That the results of specific nontestimonial identification procedures will be of material aid in determining whether the juvenile named in the affidavit committed the offense.

(b)        A nontestimonial identification order to obtain a blood specimen from a juvenile may issue only on affidavit or affidavits sworn to before the court and establishing the following grounds for the order:

(1)        That there is probable cause to believe that an offense has been committed that would be a felony if committed by an adult;

(2)        That there is probable cause to believe that the juvenile named or described in the affidavit committed the offense; and

(3)        That there is probable cause to believe that obtaining a blood specimen from the juvenile will be of material aid in determining whether the juvenile named in the affidavit committed the offense.

(1979, c. 815, s. 1; 1997-80, s. 11; 1998-202, s. 6.)