South Carolina General Assembly
117th Session, 2007-2008

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Bill 3255


Indicates Matter Stricken
Indicates New Matter


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

A BILL

TO AMEND SECTION 23-3-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENDERS BEING REQUIRED TO SUBMIT SAMPLES FOR INCLUSION IN THE DNA DATABASE, SO AS TO REQUIRE SAMPLES UPON LAWFUL CUSTODIAL ARREST FOR A FELONY RATHER THAN FOLLOWING SENTENCING AND AT THE TIME OF INTAKE AT A JAIL OR PRISON, AND TO REQUIRE SAMPLES TO BE PROVIDED BEFORE A PERSON IS RELEASED ON PAROLE, RELEASED FROM CONFINEMENT, OR RELEASED FROM AN AGENCY'S JURISDICTION; TO AMEND SECTION 23-3-630, AS AMENDED, RELATING TO PERSONS AUTHORIZED TO TAKE DNA SAMPLES AND THEIR IMMUNITY FROM LIABILITY, SO AS TO DELETE REQUIREMENTS THAT THE PERSONS AUTHORIZED MUST BE CERTAIN TYPES OF HEALTH PROFESSIONALS AND TO PROVIDE THAT ONLY THEY MUST BE APPROPRIATELY TRAINED; TO AMEND SECTION 23-3-650, AS AMENDED, SO AS TO PROVIDE FOR COORDINATION BETWEEN SLED AND LOCAL LAW ENFORCEMENT AGENCIES TO PREVENT COLLECTION AND PROCESSING OF DUPLICATE DNA SAMPLES; AND TO AMEND SECTIONS 23-3-660 AND 23-3-670, BOTH AS AMENDED, RELATING TO EXPUNGEMENTS AND FEES FOR DNA SAMPLES, SO AS TO PROVIDE FOR EXPUNGEMENT WHEN CHARGES ARE DISMISSED OR NOLLE PROSSED, TO PROVIDE THAT THE STATE WILL PAY FOR THE COSTS OF COLLECTING AND PROCESSING A DNA SAMPLE, AND TO PROVIDE THAT FEES COLLECTED FROM CONVICTED PERSONS SHALL BE REMITTED TO THE GENERAL FUND OF THE STATE AND CREDITED TO THE STATE LAW ENFORCEMENT DIVISION.

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

SECTION    1.    Section 23-3-620 of the 1976 Code, as last amended by Act 230 of 2004 is further amended to read:

"Section 23-3-620.    (A)    Following sentencing and at the time of intake at a jail or prison, a lawful custodial arrest for a felony offense committed in this State, the person arrested must provide a saliva or tissue 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 law enforcement agency with jurisdiction over the offense for which the person was subjected to a lawful custodial arrest for a felony offense.

(C)(B)    At such time as possible and before parole or release Unless a sample has already been provided pursuant to the provisions of subsection (A), before a person may be paroled or released from confinement, the person must provide 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)(C)    An agency having custody of an offender who is required to provide a DNA sample under pursuant to subsection (C)(1) or (C)(2)(B) must notify SLED at least three days, excluding weekends and holidays, before the individual person is paroled or released from confinement.

(E)(D)    At such time as possible and Unless a sample has been provided previously pursuant to the provisions of subjection (A), before release a person is released from confinement or release released 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)(E)    A person who provides a sample pursuant to this article also must provide any other additional information as may be required by SLED.

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

SECTION    2.    Section 23-3-630 of the 1976 Code, as last amended by Act 230 of 2004, is further 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 an appropriately trained health care worker person 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 a sample."

SECTION    3.    Section 23-3-650 of the 1976 Code, as last amended by Act 230 of 2004, is further 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)    To prevent duplications of DNA samples, SLED must coordinate with any law enforcement agency obtaining a DNA sample to determine whether a DNA sample from the person under lawful custodial arrest has been previously obtained and is in the DNA database.

(B)(C)    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)(D)    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    4.    Section 23-3-660 of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:

"Section 23-3-660.    (A)    A person whose DNA record has been included in the State DNA Database may request expungement on the grounds that:

(1)    the charges pending against the person who has been arrested have been nolle prossed or dismissed; or

(2)    the person's conviction or adjudication has been reversed, set aside, or vacated.

(B)    SLED shall must purge DNA and all other identifiable record information from the State Database and shall must destroy the person's sample if SLED receives the person's written request for expungement and either:

(1)    a document from the court or law enforcement agency that the charges have been nolle prossed or dismissed; or

(2)    a certified copy of the court order reversing, setting aside, or vacating the conviction or adjudication and.

(C)    The person seeking expungement must provide proof that the identity of the individual making the request is the person whose record is to be expunged.

(D)    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    5.    Section 23-3-670 of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:

"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 The cost of collecting and processing a sample pursuant to this article must be paid by the general fund of the State. A fee of two hundred fifty dollars must be assessed at the time of the sentencing against persons convicted of, pleading guilty or nolo contendere to, or forfeiting bond for the crime for which they were arrested.

(1)    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.

(2)    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    6.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION    7.    If any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION    8.    This act takes effect upon approval by the Governor.

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