2003-2004 Bill 3517: DNA, all inmates convicted or adjudicated for a felony must provide sample

South Carolina General Assembly
115th Session, 2003-2004

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H. 3517

STATUS INFORMATION

General Bill
Sponsors: Reps. Owens, Cato, Clemmons, Leach, Loftis, Mahaffey, Rice, Sandifer, Skelton, Cotty, W.D. Smith, Lourie and Whipper
Document Path: l:\council\bills\dka\3189cm03.doc

Introduced in the House on February 5, 2003
Currently residing in the House Committee on Judiciary

Summary: DNA, all inmates convicted or adjudicated for a felony must provide sample

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
    2/5/2003  House   Introduced and read first time HJ-18
    2/5/2003  House   Referred to Committee on Judiciary HJ-18
   2/13/2003  House   Member(s) request name added as sponsor: Cotty
   4/30/2003  House   Member(s) request name added as sponsor: W.D.Smith
   1/21/2004  House   Member(s) request name added as sponsor: Lourie
   1/28/2004  House   Member(s) request name added as sponsor: Whipper

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/5/2003

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

A BILL

TO AMEND SECTION 23-3-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN INMATES PROVIDING A SAMPLE FROM WHICH DNA MAY BE OBTAINED FOR INCLUSION IN THE STATE DNA DATABASE, SO AS TO EXPAND THE GROUP OF INMATES WHO MUST PROVIDE A SAMPLE TO INCLUDE ALL INMATES WHO HAVE BEEN CONVICTED OR ADJUDICATED FOR A FELONY.

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 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 person convicted or adjudicated delinquent on or after July 1, 2000, for a felony:

~~(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~~ a 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~~ pursuant to the provisions of subsection (A)(1) or (A)(2) but who is not sentenced to a term of confinement ~~must~~ shall 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, and who was sentenced to and is serving a term of confinement on or after July 1, 2000, for a felony:

(2) ~~any~~ a 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~~ pursuant to the provisions of subsection (C)(1) or (C)(2) ~~must~~ shall 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 felony:

~~(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~~ a 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~~ shall 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. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION 3. This act takes effect upon approval by the Governor.

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