H 4668 General Bill, By H.G. Hutson, M.O. Alexander, Allison, Bailey, 
B.O. Baker, J.M. Baxley, D.W. Beatty, Canty, Carnell, Cato, C.D. Chamblee, 
H.H. Clyborne, Cooper, R.S. Corning, Davenport, Delleney, L.L. Elliott, Fair, 
J.G. Felder, R.C. Fulmer, Gamble, S.E. Gonzales, Govan, L.O. Graham, 
H.M. Hallman, J.P. Harrelson, J.L. Harris, P.B. Harris, Harrison, Harvin, 
B.H. Harwell, Haskins, T.E. Huff, M.F. Jaskwhich, Jennings, Keegan, Kennedy, 
W.D. Keyserling, Kirsh, Klauber, Lanford, Littlejohn, McCraw, M. McLeod, 
Meacham, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Riser, Robinson, 
Sharpe, J.S. Shissias, Simrill, D. Smith, J.J. Snow, Spearman, Stille, 
E.C. Stoddard, C.H. Stone, Stuart, Trotter, J.W. Tucker, Vaughn, C.Y. Waites, 
Walker, C.C. Wells, Wilkins, Witherspoon, S.S. Wofford, D.A. Wright, 
Young-Brickell and R.M. Young
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Article 9
 to Chapter 3, Title 23 so as to enact the State Deoxyribonucleic Acid (DNA)
 Identification Record Database Act and to establish this database in the State
 Law Enforcement Division, to require convicted offenders of certain
 sex-related crimes and violent crimes to submit a sample from which DNA may be
 obtained for DNA testing to be included in this database, and to provide
 expungement procedures, confidentiality requirements, and penalties.

   02/02/94  House  Introduced and read first time HJ-16
   02/02/94  House  Referred to Committee on Judiciary HJ-17

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 3, TITLE 23 SO AS TO ENACT THE STATE DEOXYRIBONUCLEIC ACID (DNA) IDENTIFICATION RECORD DATABASE ACT AND TO ESTABLISH THIS DATABASE IN THE STATE LAW ENFORCEMENT DIVISION, TO REQUIRE CONVICTED OFFENDERS OF CERTAIN SEX-RELATED CRIMES AND VIOLENT CRIMES TO SUBMIT A SAMPLE FROM WHICH DNA MAY BE OBTAINED FOR DNA TESTING TO BE INCLUDED IN THIS DATABASE, AND TO PROVIDE EXPUNGEMENT PROCEDURES, CONFIDENTIALITY REQUIREMENTS, AND PENALTIES.

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

SECTION 1. Title 23, Chapter 3 of the 1976 Code is amended by adding:

Section 23-3-600. This article may be cited as the State Deoxyribonucleic Acid Identification Record Database Act.

Section 23-3-610. There is established in the South Carolina Law Enforcement Division (SLED) the State Deoxyribonucleic Acid (DNA) Identification Record Database (State DNA Database). The State Law Enforcement Division shall develop DNA profiles on samples for law enforcement purposes and for humanitarian and nonlaw enforcement purposes, as provided for in Section 23-3-640(B).

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) a person convicted or adjudicated delinquent after June 30, 1995, for:

(a) criminal sexual conduct in the first degree as defined in Section 16-3-652;

(b) criminal sexual conduct in the second degree as defined in Section 16-3-653;

(c) criminal sexual conduct with a minor in the first or second degree as defined in Section 16-3-655;

(d) assault with intent to commit criminal sexual conduct as defined in Section 16-3-656;

(2) a criminal offender ordered by the court to provide a sample.

A person who is not sentenced to a term of confinement shall provide a sample as a condition of their sentence to be taken at a prison or jail as specified by the sentencing court.

(B) 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 is convicted or adjudicated delinquent before July 1, 1995, and who was sentenced to and is serving a term of confinement on July 1, 1995, for:

(a) criminal sexual conduct in the first degree as defined in Section 16-3-652;

(b) criminal sexual conduct in the second degree as defined in Section 16-3-653;

(c) criminal sexual conduct with a minor in the first or second degree as defined in Section 16-3-655;

(d) assault with intent to commit criminal sexual conduct as defined in Section 16-3-656;

(2) a violent criminal offender ordered by the court to provide a sample.

An agency having custody of an offender shall notify SLED at least seventy-two hours before the individual is paroled or released from confinement.

(C) A person sentenced to probation or currently paroled and remaining under supervision of the State or its political subdivisions shall provide a sample as a condition of their probation or parole.

(D) A person providing a sample pursuant to this article also shall provide such other information as may be required by SLED.

(E) 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.

(F) The provisions of this section apply to juveniles notwithstanding the provisions of Section 20-7-780.

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 provided the sample was taken according to recognized medical procedures.

Section 23-3-640. (A) Samples must be taken and submitted to SLED pursuant to specifications and procedures developed by SLED in regulation. SLED shall 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 shall use procedures, equipment, supplies, and computer software that is 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 are at the discretion of SLED.

Section 23-3-650. (A) The results of a DNA profile of an individual provided under this article are confidential and must be securely stored except that SLED shall 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 also must be made available as required by a court order following a hearing directing SLED to release the record.

(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.

Section 23-3-660. A person whose DNA record has been included in the State DNA Database may request expungement on the grounds that the person's conviction or adjudication has been reversed, set aside, or vacated. SLED shall purge DNA and all other identifiable record information from the State Database and shall destroy the person's sample if SLED receives the person's written request for expungement and a certified copy of the court order reversing, setting aside, or vacating the conviction or adjudication and proof that the identity of the individual making the request is the person whose record is to be expunged. If the person has more than one entry in the State DNA Database, only the entry covered by the expungement request may be expunged.

Section 23-3-670. (A) A person who is required to provide a sample pursuant to this article must pay a two hundred and fifty dollar processing fee which may not be waived by the court. If the person is incarcerated, the fee must be paid before the person is paroled or released from confinement and may be garnished from wages the person earns while incarcerated. If the person is not sentenced to a term of confinement, payment of the fee must be a condition of the person's sentence and may be paid in installments if so ordered by the court.

(B) The processing fee assessed pursuant to this section must be remitted to the general fund of the State and credited to the State Law Enforcement Division to offset the expenses SLED incurs in carrying out the provisions of this article.

Section 23-3-680. SLED shall promulgate regulations to carry out the provisions of this article.

Section 23-3-690. SLED shall promulgate regulations for sample testing and analysis and for sample collection, identification, handling, transporting, and shipment which must be complied with by the agency having jurisdiction over the offender."

SECTION 2. Implementation of this act and the requirements under this act are contingent upon annual appropriations of sufficient funding and upon promulgation of regulations.

SECTION 3. Section 2 of this act takes effect upon approval by the Governor, the remaining provisions take effect July 1, 1995.