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S. 263
STATUS INFORMATION
General Bill
Sponsors: Senators Moore, Setzler and Jackson
Document Path: l:\s-jud\bills\moore\jud0030.tlm.doc
Introduced in the Senate on January 28, 2003
Introduced in the House on March 27, 2003
Currently residing in the House Committee on Judiciary
Summary: DNA database
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/28/2003 Senate Introduced and read first time SJ-5 1/28/2003 Senate Referred to Committee on Judiciary SJ-5 3/12/2003 Senate Committee report: Favorable Judiciary SJ-11 3/13/2003 Senate Read second time SJ-15 3/13/2003 Scrivener's error corrected 3/26/2003 Senate Read third time and sent to House SJ-44 3/27/2003 House Introduced and read first time HJ-11 3/27/2003 House Referred to Committee on Judiciary HJ-12
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VERSIONS OF THIS BILL
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COMMITTEE REPORT
March 12, 2003
S. 263
S. Printed 3/12/03--S. [SEC 3/13/03 12:58 PM]
Read the first time January 28, 2003.
To whom was referred a Bill (S. 263) to amend Section 23-3-620, Code of Laws of South Carolina, 1976, relating to from whom a DNA sample can be taken for the purpose of creating, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
JOHN M. KNOTTS, JR. for Committee.
TO AMEND SECTION 23-3-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FROM WHOM A DNA SAMPLE CAN BE TAKEN FOR THE PURPOSE OF CREATING AND MAINTAINING A STATE DNA DATABASE, SO AS TO REQUIRE A SAMPLE UPON INCARCERATION, AFTER THE CONVICTION OF ANY FELONY, OR UPON RELEASE FROM INCARCERATION; TO AMEND SECTION 23-3-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS QUALIFIED TO TAKE DNA SAMPLES, SO AS TO PROVIDE FOR LIABILITY IN CASES OF NEGLIGENCE WHEN TAKING A BLOOD SAMPLE FOR THE PURPOSE OF OBTAINING A DNA SAMPLE; TO AMEND SECTION 23-3-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SPECIFICATIONS AND PROCEDURES FOR DNA SAMPLES, SO AS TO MANDATE SECURE STORAGE AND CONFIDENTIALITY OF THE DNA SAMPLES; TO AMEND SECTION 23-3-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY OF DNA PROFILES AND PENALTIES FOR DISCLOSURE, SO AS TO MAKE DNA SAMPLES CONFIDENTIAL.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 23-3-620 of the 1976 Code, as amended by Act 99 of 2001, 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 any person convicted or adjudicated delinquent and incarcerated in a state correctional facility on or after July 1, 2000 July 1, 2004, 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
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.
(2) any criminal offender convicted or adjudicated delinquent on or after July 1, 2000 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 shall must 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 July 1, 2004, and who was sentenced to and is serving a term of confinement on or after July 1, 2000 July 1, 2004, 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
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.
(2) any criminal offender ordered by the court who was convicted or adjudicated delinquent before July 1, 2000 July 1, 2004, and who was sentenced to and is serving a term of confinement on or after July 1, 2000 July 1, 2004.
(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 July 1, 2004, who is serving a probated sentence or is paroled on or after July 1, 2000 July 1, 2004, 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
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.
(2) any criminal offender ordered by the court who was convicted or adjudicated delinquent before July 1, 2000 July 1, 2004, and who is serving a probated sentence or is paroled on or after July 1, 2000 July 1, 2004.
(F) A person who provides a sample pursuant to this article also must provide such any 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. Section 23-3-630 of the 1976 Code is 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 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 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 sample."
SECTION 3. Section 23-3-640 of the 1976 Code is amended to read:
"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 must 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 must use procedures, equipment, supplies, and computer software that is are 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 is at the discretion of SLED.
(D) SLED must securely store DNA samples. The samples are confidential and must remain in the custody of SLED or a private laboratory designated by SLED if the laboratory's standards for confidentiality and security are at least as stringent as those of SLED."
SECTION 4. Section 23-3-650 of the 1976 Code is amending by adding:
"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 shall 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) 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 5. This act takes effect upon approval by the Governor.
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