South Carolina General Assembly
113th Session, 1999-2000

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Bill 3120


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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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COMMITTEE REPORT

March 4, 1999

H. 3120

Introduced by Reps. Sandifer, Meacham, Simrill and Littlejohn

S. Printed 3/4/99--H.

Read the first time January 12, 1999.

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 3120), to amend Section 23-3-620, Code of Laws of South Carolina, 1976, relating to persons required to be included in the State DNA Database, etc., respectfully

REPORT:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, in Section 23-3-620(A)(2), page 2, immediately after line 2, by inserting:

/ (c) a violent crime as defined in Section 16-1-60; /

so when amended, Section 23-3-620(A)(2) reads:

/ (2) a person convicted or adjudicated delinquent after June 30, 1999, for:

(a) homicide;

(b) assault and battery committed against a child by a person sixteen years of age or older;

(c) a violent crime as defined in Section 16-1-60; /

Amend the bill further, in Section 23-3-620(B)(2), page 2, immediately after line 27 by inserting:

/ (c) a violent crime as defined in 16-1-60; /

so when amended Section 23-3-620(B)(2) reads:

/ (2) a person convicted before July 1, 1999, and who was sentenced to and is serving a term of confinement on July 1, 1999, for:

(a) homicide;

(b) assault and battery committed against a child by a person sixteen years of age or older;

(c) a violent crime as defined in 16-1-60;/

Amend the bill further by adding an appropriately numbered SECTION to read:

/SECTION ____. Section 23-3-700 of the 1976 Code, as added by Section 131B, Part II, Act 497 of 1994, is amended to read:

"Section 23-2-700. Implementation of this article and the requirements under this article are contingent upon annual appropriations of sufficient funding and upon promulgation of regulations. However, the State Law Enforcement division shall begin analyzing DNA samples for crimes outlined in Section 23-3-620(A)(2)(c) no later than June 30, 2000."/

Renumber sections to conform.

Amend totals and title to conform.

JAMES H. HARRISON, for Committee.

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES IS:

A minimal impact

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES IS:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

Department of Corrections

A review of this bill by the department indicates there will be additional costs incurred by expanding the DNA database to include adjudicated juveniles and persons convicted of homicide and assault and battery against children. However, these costs will be minimal and will be absorbed by the agency.

State Law Enforcement Division

A response from the agency is forthcoming and will be forwarded upon receipt.

Approved By:

Don Addy

Office of State Budget

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES IS:

A cost to the general fund (See Below)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES IS:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

Department of Corrections

A review of this bill by the department indicates there are approximately 5,600 inmates currently in SCDC with crimes that fit the violent crime criteria excluding any violent crime inmates who are already being tested or who have already been reported under the earlier version of this bill. Therefore, there will be additional costs to the agency of $862,400 as a result of passage of this bill. These costs consist of the 5,600 inmates fitting the violent crime criteria multiplied by $154 (cost of DNA testing).

State Law Enforcement Division

A response from the agency is forthcoming and will be forwarded upon receipt.

Approved By:

Don Addy

Office of State Budget

A BILL

TO AMEND SECTION 23-3-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS REQUIRED TO BE INCLUDED IN THE STATE DNA DATABASE, SO AS TO INCLUDE PERSONS CONVICTED OR ADJUDICATED DELINQUENT FOR HOMICIDE OR ASSAULT AND BATTERY COMMITTED AGAINST A CHILD BY A PERSON SIXTEEN YEARS OF AGE OR OLDER.

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

SECTION 1. Section 23-3-620(A) and (B) of the 1976 Code, as added by Section 131A, Part II, Act 497 of 1994, is amended to read:

"(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 person convicted or adjudicated delinquent after June 30, 1999, for:

(a) homicide;

(b) assault and battery committed against a child by a person sixteen years of age or older;

(2)(3) 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 person convicted before July 1, 1999, and who was sentenced to and is serving a term of confinement on July 1, 1999, for:

(a) homicide;

(b) assault and battery committed against a child by a person sixteen years of age or older;

(2)(3) 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."

SECTION 2. This act takes effect July 1, 1999.

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