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TO AMEND SECTION 23-3-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRING CERTAIN OFFENDERS TO PROVIDE A SAMPLE FROM WHICH DEOXYRIBONUCLEIC ACID (DNA) MAY BE OBTAINED, SO AS TO PROVIDE THAT BEGINNING JULY 1, 2003, RATHER THAN REQUIRING ONLY CERTAIN OFFENDERS TO PROVIDE A DNA SAMPLE, ALL PERSONS CONVICTED OR ADJUDICATED DELINQUENT FOR ANY FELONY MUST PROVIDE SUCH A SAMPLE AND TO INCLUDE PROVISIONS FOR OBTAINING SAMPLES FROM THOSE CONVICTED OR ADJUDICATED DELINQUENT FELONS PRIOR TO THIS ACT'S EFFECTIVE DATE WHO ARE SERVING A TERM OF CONFINEMENT ON THIS ACT'S EFFECTIVE DATE.
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, June 30, 2003, for:
(a) a violent crime (, as provided for in 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 (, as provided for in Section 16-25-65); eavesdropping or peeping (Section 16-17-470); stalking (, as provided for in Section 16-3-1700); or aggravated stalking (, as provided for in 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 criminal offender convicted or adjudicated delinquent on or after July 1, 2000 June 30, 2003, who is ordered by the court to provide a sample.
(B) A convicted offender who is required to provide a DNA sample under subsections subsection (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 2003, and who was sentenced to and is serving a term of confinement on or after July 1, 2000 June 30, 2003, for:
(a) a violent crime (, as provided for in 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 (, as provided for in Section 16-25-65); eavesdropping or peeping (Section 16-17-470); stalking (, as provided for in Section 16-3-1700); or aggravated stalking (, as provided for in 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 criminal offender ordered by the court who was convicted or adjudicated delinquent before July 1, 2000 2003, and who was sentenced to and is serving a term of confinement on or after July 1, 2000 June 30, 2003.
(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 2003, who is serving a probated sentence or is paroled on or after July 1, 2000 June 30, 2003, for:
(a) a violent crime (, as provided for in 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 (, as provided for in Section 16-25-65); eavesdropping or peeping (Section 16-17-470); stalking (,as provided for in Section 16-3-1700); or aggravated stalking (, as provided for in 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 criminal offender ordered by the court who was convicted or adjudicated delinquent before July 1, 2000 2003, and who is serving a probated sentence or is paroled on or after July 1, 2000 June 30, 2003.
(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.
This web page was last updated on Thursday, June 25, 2009 at 9:38 A.M.