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Indicates Matter Stricken
Indicates New Matter
AMENDED
March 9, 1999
H. 3120
S. Printed 3/9/99--H.
Read the first time January 12, 1999.
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.
Amend Title To Conform
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;
(c) a violent crime as defined in Section 16-1-60;
(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;
(c) a violent crime as defined in 16-1-60;
(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. 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."
SECTION 3. This act takes effect July 1, 1999.
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