South Carolina General Assembly
113th Session, 1999-2000

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Bill 3120

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 20, 2000

H. 3120

Introduced by Reps. Sandifer, Meacham, Simrill and Littlejohn

S. Printed 4/20/00--S. [SEC 4/24/00 4:07 PM]

Read the first time March 11, 1999.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 3120), 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, etc., respectfully

REPORT:

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

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/ SECTION 1. Section 23-3-120 of the 1976 Code is amended to read:

"Section 23-3-120. (A) All law enforcement agencies and court officials shall must report all criminal data and related information within their respective jurisdictions to the system State Law Enforcement Division's Central Record Repository all criminal data within their respective jurisdictions and such information related thereto at such times and in such form as the State Law Enforcement Division may require requires. This information must include criminal data and related information on regarding juveniles charged with offenses within their respective jurisdictions pursuant to Section 20-7-8510.

(B) A person subjected to a lawful custodial arrest for a state offense must be fingerprinted. Fingerprints taken by a law enforcement agency or detention facility pursuant to this section must be submitted to the State Law Enforcement Division's Central Record Repository within three days, excluding weekends and holidays, for the purposes of identifying record subjects and establishing criminal history record information.

(C) The Department of Corrections and the Department of Probation, Parole and Pardon Services must submit the fingerprints of persons taken into custody to the State Law Enforcement Division's Central Record Repository within three days after incarceration or intake, excluding weekends and holidays. Information concerning the probation segment of a criminal history record is not required if that information is established in the record."

SECTION 2. Section 23-3-620 of the 1976 Code 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 on or after June 30, 1995 July 1, 2000, for:

(a) criminal sexual conduct in the first degree as defined in Section 16-3-652; 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) criminal sexual conduct in the second degree as defined in Section 16-3-653; 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, 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 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

(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 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 person 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 shall must provide a sample as a condition of their his sentence. This sample to shall be taken at a prison, or jail, or other location as specified by the sentencing court.

(B)(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 is was convicted or adjudicated delinquent before July 1, 1995 2000, and who was sentenced to and is serving a term of confinement on or after July 1, 1995 2000, for:

(a) criminal sexual conduct in the first degree as defined in Section 16-3-652; 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) criminal sexual conduct in the second degree as defined in Section 16-3-653; 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, 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 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

(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 violent any criminal offender ordered by the court to provide a sample 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) shall must notify SLED at least seventy-two hours three days, excluding weekends and holidays, before the individual is paroled or released from confinement.

(C)(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 sentenced to probation or currently paroled and remaining under supervision of the State or its political subdivisions shall provide a sample as a condition of their probation or parole 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, 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 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.

(D)(F) A person providing who provides a sample pursuant to this article also shall must provide such other information as may be required by SLED.

(E)(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.

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

SECTION 3. Section 23-3-700 of the 1976 Code is amended to read:

"Section 23-3-700. 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 collecting DNA samples for analysis for crimes outlined in this article no later than July 30, 2000."

SECTION 4. This act takes effect July 1, 1999 2000. /

Amend title to conform.

ADDISON G. WILSON, for Committee.

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES IS:

A Minimal Impact

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES IS:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

Department of Corrections

A review of this bill by the department indicates there will be additional costs incurred by expanding the DNA database to include adjudicated juveniles and persons convicted of homicide and assault and battery against children. However, these costs will be minimal and will be absorbed by the agency.

State Law Enforcement Division

A response from the agency is forthcoming and will be forwarded upon receipt.

Approved By:

Don Addy

Office of State Budget

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES IS:

A Cost to the General Fund (See Below)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES IS:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

Department of Corrections

A review of this bill by the department indicates there are approximately 5,600 inmates currently in SCDC with crimes that fit the violent crime criteria excluding any violent crime inmates who are already being tested or who have already been reported under the earlier version of this bill. Therefore, there will be additional costs to the agency of $862,400 as a result of passage of this bill. These costs consist of the 5,600 inmates fitting the violent crime criteria multiplied by $154 (cost of DNA testing).

State Law Enforcement Division

A response from the agency is forthcoming and will be forwarded upon receipt.

Approved By:

Don Addy

Office of State Budget

A BILL

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.

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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