H*3594(Rat #0307, Act #0230 of 2004)  General Bill, By Jennings, Harrison, 
F.N. Smith, Lucas, G.M. Smith, Hagood, Lourie, McLeod, Scott, Owens, Whipper, 
Delleney, Bingham and Toole
 AN ACT TO AMEND SECTION 23-3-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO REQUIRING CERTAIN OFFENDERS TO PROVIDE A SAMPLE FROM WHICH
 DEOXYRIBONUCLEIC ACID (DNA) MAY BE OBTAINED, SO AS TO PROVIDE THAT BEGINNING
 JULY 1, 2004, RATHER THAN REQUIRING ONLY CERTAIN OFFENDERS TO PROVIDE A DNA
 SAMPLE, ALL PERSONS CONVICTED OR ADJUDICATED DELINQUENT FOR ANY FELONY OR ANY
 OFFENSE PUNISHABLE BY IMPRISONMENT FOR FIVE YEARS OR MORE MUST PROVIDE SUCH A
 SAMPLE AND TO INCLUDE PROVISIONS FOR OBTAINING SAMPLES FROM THOSE CONVICTED OR
 ADJUDICATED DELINQUENT FELONS PRIOR TO THIS ACT'S EFFECTIVE DATE WHO ARE
 SERVING A TERM OF CONFINEMENT ON THIS ACT'S EFFECTIVE DATE; TO AMEND SECTIONS
 23-3-630, 23-3-640, AND 23-3-650, RELATING TO PERSONS AUTHORIZED TO TAKE DNA
 BLOOD SAMPLES, THE DUTIES OF SLED WITH RESPECT TO THE USE AND DISPOSITION OF
 THESE SAMPLES AND PREPARATION OF DNA PROFILES, AND THE CONFIDENTIALITY OF DNA
 SAMPLES AND PROFILES, SO AS TO PROVIDE THAT PERSONS AUTHORIZED TO TAKE SAMPLES
 ARE NOT IMMUNE FROM LIABILITY FOR NEGLIGENCE IN TAKING A BLOOD SAMPLE, TO
 PROVIDE FOR THE SECURE AND CONFIDENTIAL STORAGE OF THESE SAMPLES, AND TO ALLOW
 THOSE AGENCIES AUTHORIZED BY LAW OR COURT ORDER TO RECEIVE THE RESULTS OF A
 DNA PROFILE TO SIMILARLY RECEIVE A DNA SAMPLE. - ratified title

   02/12/03  House  Introduced and read first time HJ-37
   02/12/03  House  Referred to Committee on Judiciary HJ-38
   01/21/04  House  Member(s) request name added as sponsor: Lourie
   01/27/04  House  Member(s) request name added as sponsor: McLeod
   01/28/04  House  Member(s) request name added as sponsor: Scott
   01/28/04  House  Committee report: Favorable with amendment
                     Judiciary HJ-43
   01/29/04  House  Member(s) request name added as sponsor: Owens,
                     Whipper, Delleney
   01/29/04  House  Debate adjourned HJ-27
   01/29/04         Scrivener's error corrected
   02/03/04  House  Member(s) request name added as sponsor: Bingham, Toole
   02/03/04  House  Amended HJ-20
   02/03/04  House  Read second time HJ-24
   02/04/04  House  Read third time and sent to Senate HJ-16
   02/04/04  Senate Introduced and read first time SJ-29
   02/04/04  Senate Referred to Committee on Judiciary SJ-29
   02/04/04         Scrivener's error corrected
   04/01/04  Senate Committee report: Favorable with amendment
                     Judiciary SJ-13
   04/06/04  Senate Amended SJ-34
   04/06/04  Senate Read second time SJ-34
   04/07/04  Senate Read third time and returned to House with
                     amendments SJ-17
   04/14/04  House  Debate adjourned HJ-63
   04/14/04  House  Concurred in Senate amendment and enrolled HJ-92
   05/06/04         Ratified R 307
   05/12/04         Signed By Governor
   05/14/04         Copies available
   05/14/04         Effective date 07/01/04
   05/18/04         Act No. 230

(A230, R307, H3594)

AN ACT TO AMEND SECTION 23-3-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRING CERTAIN OFFENDERS TO PROVIDE A SAMPLE FROM WHICH DEOXYRIBONUCLEIC ACID (DNA) MAY BE OBTAINED, SO AS TO PROVIDE THAT BEGINNING JULY 1, 2004, RATHER THAN REQUIRING ONLY CERTAIN OFFENDERS TO PROVIDE A DNA SAMPLE, ALL PERSONS CONVICTED OR ADJUDICATED DELINQUENT FOR ANY FELONY OR ANY OFFENSE PUNISHABLE BY IMPRISONMENT FOR FIVE YEARS OR MORE MUST PROVIDE SUCH A SAMPLE AND TO INCLUDE PROVISIONS FOR OBTAINING SAMPLES FROM THOSE CONVICTED OR ADJUDICATED DELINQUENT FELONS PRIOR TO THIS ACT'S EFFECTIVE DATE WHO ARE SERVING A TERM OF CONFINEMENT ON THIS ACT'S EFFECTIVE DATE; TO AMEND SECTIONS 23-3-630, 23-3-640, AND 23-3-650, RELATING TO PERSONS AUTHORIZED TO TAKE DNA BLOOD SAMPLES, THE DUTIES OF SLED WITH RESPECT TO THE USE AND DISPOSITION OF THESE SAMPLES AND PREPARATION OF DNA PROFILES, AND THE CONFIDENTIALITY OF DNA SAMPLES AND PROFILES, SO AS TO PROVIDE THAT PERSONS AUTHORIZED TO TAKE SAMPLES ARE NOT IMMUNE FROM LIABILITY FOR NEGLIGENCE IN TAKING A BLOOD SAMPLE, TO PROVIDE FOR THE SECURE AND CONFIDENTIAL STORAGE OF THESE SAMPLES, AND TO ALLOW THOSE AGENCIES AUTHORIZED BY LAW OR COURT ORDER TO RECEIVE THE RESULTS OF A DNA PROFILE TO SIMILARLY RECEIVE A DNA SAMPLE.

Be it enacted by the General Assembly of the State of South Carolina:

DNA samples required

SECTION    1.    Section 23-3-620 of the 1976 Code, as amended by Act 99 of 2001, is further amended to read:

"Section 23-3-620.    (A)    Following sentencing and at the time of intake at a jail or prison, a sample from which DNA may be obtained for inclusion in the State DNA Database must be provided by:

(1)    any person convicted or adjudicated delinquent and incarcerated in a state correctional facility on or after July 1, 2004, for:

(a)    eavesdropping or peeping (Section 16-17-470); or

(b)    any offense classified as a felony in Section 16-1-90 or any other offense that carries a maximum term of imprisonment of five years or more; and

(2)    any criminal offender convicted or adjudicated delinquent on or after July 1, 2004, who is ordered by the court to provide a sample.

(B)    A convicted offender who is required to provide a DNA sample under subsections (A)(1) or (A)(2) but who is not sentenced to a term of confinement must provide a sample as a condition of his sentence. This sample must be taken at a prison, jail, or other location as specified by the sentencing court.

(C)    At such time as possible and before parole or release from confinement, a suitable sample from which DNA may be obtained for inclusion in the State DNA Database must be provided by:

(1)    a person who was convicted or adjudicated delinquent before July 1, 2004, and who was sentenced to and is serving a term of confinement on or after July 1, 2004, for:

(a)    eavesdropping or peeping (Section 16-17-470); or

(b)    any offense classified as a felony in Section 16-1-90 or any other offense that carries a maximum term of imprisonment of five years or more; and

(2)    any criminal offender ordered by the court who was convicted or adjudicated delinquent before July 1, 2004, and who was sentenced to and is serving a term of confinement on or after July 1, 2004.

(D)    An agency having custody of an offender who is required to provide a DNA sample under subsection (C)(1) or (C)(2) must notify SLED at least three days, excluding weekends and holidays, before the individual is paroled or released from confinement.

(E)    At such time as possible and before release from confinement or release from the agency's jurisdiction, a suitable sample from which DNA may be obtained for inclusion in the State DNA Database must be provided as a condition of probation or parole by:

(1)    a person convicted or adjudicated delinquent before July 1, 2004, who is serving a probated sentence or is paroled on or after July 1, 2004, for:

(a)    eavesdropping or peeping (Section 16-17-470); or

(b)    any offense classified as a felony in Section 16-1-90 or any other offense that carries a maximum term of imprisonment of five years or more; and

(2)    any criminal offender ordered by the court who was convicted or adjudicated delinquent before July 1, 2004, and who is serving a probated sentence or is paroled on or after July 1, 2004.

(F)    A person who provides a sample pursuant to this article also must provide any other information as may be required by SLED.

(G)    A person required to provide a sample pursuant to this section may be required to provide another sample if the original sample is lost, damaged, contaminated, or unusable for examination.

(H)    The provisions of this section apply to juveniles notwithstanding the provisions of Section 20-7-8510."

Persons authorized to take samples

SECTION    2.    Section 23-3-630 of the 1976 Code is amended to read:

"Section 23-3-630.    (A)    Only a correctional health nurse technician, physician, registered professional nurse, licensed practical nurse, laboratory technician, or other appropriately trained health care worker may take a sample from which DNA may be obtained.

(B)    A person taking a sample pursuant to this article is immune from liability if the sample was taken according to recognized medical procedures. However, no person is relieved from liability for negligence in the taking of any blood sample."

Storage of DNA samples

SECTION    3.    Section 23-3-640 of the 1976 Code is amended to read:

"Section 23-3-640.    (A)    Samples must be taken and submitted to SLED pursuant to specifications and procedures developed by SLED in regulation. SLED must conduct DNA identification testing, typing, and analysis in accordance with regulations promulgated by the State Law Enforcement Division on samples received for the purpose of developing a DNA profile, and SLED must use procedures, equipment, supplies, and computer software that are compatible with those used by the Federal Bureau of Investigation.

(B)    The DNA profile on a sample may be used:

(1)    to develop a convicted offender database to identify suspects in otherwise nonsuspect cases;

(2)    to develop a population database when personal identifying information is removed;

(3)    to support identification research and protocol development of forensic DNA analysis methods;

(4)    to generate investigative leads in criminal investigations;

(5)    for quality control or quality assurance purposes, or both;

(6)    to assist in the recovery and identification of human remains from mass disasters;

(7)    for other humanitarian purposes including identification of missing persons.

(C)    The disposition of all samples obtained pursuant to this article is at the discretion of SLED.

(D)    SLED must securely store DNA samples. The samples are confidential and must remain in the custody of SLED or a private laboratory designated by SLED if the laboratory's standards for confidentiality and security are at least as stringent as those of SLED."

Access to DNA samples

SECTION    4.    Section 23-3-650 of the 1976 Code, as added by Act 497 of 1994, is amended to read:

"Section 23-3-650.    (A)    The DNA sample and the results of a DNA profile of an individual provided under this article are confidential and must be securely stored, except that SLED must make available the results to federal, state, and local law enforcement agencies and to approved crime laboratories which serve these agencies and to the solicitor or the solicitor's designee upon a written or electronic request and in furtherance of an official investigation of a criminal offense. These results or the DNA sample of an individual also must be made available as required by a court order following a hearing directing SLED to release the record or sample.

(B)    A person who wilfully discloses in any manner individually identifiable DNA information contained in the State DNA Database to a person or agency not entitled to receive this information is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than one year, or both.

(C)    A person who, without authorization, wilfully obtains individually identifiable DNA information from the State DNA Database is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than one year, or both."

Time effective

SECTION    5.    Upon approval by the Governor, this act takes effect on July 1, 2004.

Ratified the 6th day of May, 2004.

Approved the 12th day of May, 2004.