South Carolina General Assembly
114th Session, 2001-2002

Download This Version in Microsoft Word format

Bill 492

Indicates Matter Stricken
Indicates New Matter

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


Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

April 25, 2001

    S. 492

Introduced by Senators McConnell and Giese

S. Printed 4/25/01--S.    [SEC 4/27/01 12:40 PM]

Read the first time March 22, 2001.

            

THE COMMITTEE ON JUDICIARY

    To whom was referred a Bill (S. 492) 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, etc., respectfully

REPORT:

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

ADDISON G. WILSON for Committee.

            

A BILL

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 (SECTION 16-11-312(A)) MUST PROVIDE A SAMPLE FOR THE STATE DNA DATABASE.

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 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 a 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 a 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 a 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 a 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 subsections (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 a 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 a 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."

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

----XX----

This web page was last updated on Thursday, June 25, 2009 at 2:24 P.M.