South Carolina General Assembly
114th Session, 2001-2002

Scroll to History Page
Scroll to Previous Versions Links List
Scroll to Full Text
Download This Bill in Microsoft Word format

Bill 492


                    Current Status

Bill Number:                      492
Ratification Number:              108
Act Number:                       99
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20010322
Primary Sponsor:                  McConnell
All Sponsors:                     McConnell, Giese
Drafted Document Number:          l:\s-jud\bills\mcconnell\jud0048.gfm.doc
Date Bill Passed both Bodies:     20010530
Governor's Action:                S
Date of Governor's Action:        20010831
Subject:                          DNA Database, persons convicted of second 
                                  degree burglary to provide sample; Crimes, 
                                  Robbery, Law Enforcement


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  20010918  Act No. A99
------  20010831  Signed by Governor
------  20010605  Ratified R108
House   20010530  Read third time, enrolled for
                  ratification
House   20010529  Read second time
House   20010523  Committee report: Favorable            25 HJ
House   20010501  Introduced, read first time,           25 HJ
                  referred to Committee
Senate  20010427  Read third time, sent to House
------  20010427  Scrivener's error corrected
Senate  20010426  Read second time, unanimous consent
                  for third reading on Friday,
                  20010427
Senate  20010426  Co-Sponsor added by Senator                    Giese
Senate  20010425  Committee report: Favorable            11 SJ
Senate  20010322  Introduced, read first time,           11 SJ
                  referred to Committee


              Versions of This Bill
Revised on April 25, 2001 - Word format
Revised on April 27, 2001 - Word format
Revised on May 23, 2001 - Word format

View additional legislative information at the LPITS web site.


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

(A99, R108, S492)

AN ACT TO AMEND SECTION 23-3-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS REQUIRED TO PROVIDE A SAMPLE FOR THE STATE DNA DATABASE, SO AS TO PROVIDE THAT PERSONS CONVICTED OF BURGLARY, SECOND DEGREE MUST PROVIDE A SAMPLE FOR THE STATE DNA DATABASE.

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

Obtain sample from person convicted of burglary, second degree

SECTION 1. Section 23-3-620 of the 1976 Code, as last amended by Act 396 of 2000, 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) a person convicted or adjudicated delinquent on or after July 1, 2000, for:

(a) a violent crime (Section 16-1-60), excluding drug trafficking (Sections 44-53-370(e) and 44-53-375(C)); arson in the first degree (Section 16-11-110(A)); and arson in the second degree (Section 16-11-110(B)); or

(b) involuntary manslaughter (Section 16-3-60); the common law offense of assault and battery of a high and aggravated nature; criminal sexual conduct in the third degree (Section 16-3-654); assault with intent to commit criminal sexual conduct, third degree (Section 16-3-656); burglary, second degree (Section 16-11-312(A)); burglary, third degree (Section 16-11-313); spousal sexual battery (Section 16-3-615); spousal sexual battery (Section 16-3-658); criminal domestic violence of a high and aggravated nature (Section 16-25-65); eavesdropping or peeping (Section 16-17-470); stalking (Section 16-3-1700); aggravated stalking (Section 16-3-1700); committing or attempting lewd act upon a child under sixteen (Section 16-15-140); first degree sexual exploitation of a minor (Section 16-15-395); or sexual intercourse with patient or trainee (Section 44-23-1150); and

(2) any criminal offender convicted or adjudicated delinquent on or after July 1, 2000, 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 shall 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, 2000, and who was sentenced to and is serving a term of confinement on or after July 1, 2000, for:

(a) a violent crime (Section 16-1-60), excluding drug trafficking (Sections 44-53-370(e) and 44-53-375(C)); arson in the first degree (Section 16-11-110(A)); and arson in the second degree (Section 16-11-110(B)); or

(b) involuntary manslaughter (Section 16-3-60); the common law offense of assault and battery of a high and aggravated nature; criminal sexual conduct in the third degree (Section 16-3-654); assault with intent to commit criminal sexual conduct, third degree (Section 16-3-656); burglary, second degree (Section 16-11-312(A)); burglary, third degree (Section 16-11-313); spousal sexual battery (Section 16-3-615); spousal sexual battery (Section 16-3-658); criminal domestic violence of a high and aggravated nature (Section 16-25-65); eavesdropping or peeping (Section 16-17-470); stalking (Section 16-3-1700); aggravated stalking (Section 16-3-1700); committing or attempting lewd act upon a child under sixteen (Section 16-15-140); first degree sexual exploitation of a minor (Section 16-15-395); or sexual intercourse with patient or trainee (Section 44-23-1150); and

(2) any criminal offender ordered by the court who was convicted or adjudicated delinquent before July 1, 2000, and who was sentenced to and is serving a term of confinement on or after July 1, 2000.

(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, 2000, who is serving a probated sentence or is paroled on or after July 1, 2000, for:

(a) a violent crime (Section 16-1-60), excluding drug trafficking (Sections 44-53-370(e) and 44-53-375(C)); arson in the first degree (Section 16-11-110(A)); and arson in the second degree (Section 16-11-110(B)); or

(b) involuntary manslaughter (Section 16-3-60); the common law offense of assault and battery of a high and aggravated nature; criminal sexual conduct in the third degree (Section 16-3-654); assault with intent to commit criminal sexual conduct, third degree (Section 16-3-656); burglary, second degree (Section 16-11-312(A)); burglary, third degree (Section 16-11-313); spousal sexual battery (Section 16-3-615); spousal sexual battery (Section 16-3-658); criminal domestic violence of a high and aggravated nature (Section 16-25-65); eavesdropping or peeping (Section 16-17-470); stalking (Section 16-3-1700); aggravated stalking (Section 16-3-1700); committing or attempting lewd act upon a child under sixteen (Section 16-15-140); first degree sexual exploitation of a minor (Section 16-15-395); sexual intercourse with patient or trainee (Section 44-23-1150); and

(2) any criminal offender ordered by the court who was convicted or adjudicated delinquent before July 1, 2000, and who is serving a probated sentence or is paroled on or after July 1, 2000.

(F) A person who provides a sample pursuant to this article also must provide such 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."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Ratified the 5th day of June, 2001.

Approved the 31st day of August, 2001.

__________


This web page was last updated on Tuesday, December 8, 2009 at 11:12 A.M.