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COMMITTEE REPORT
January 28, 2004
H. 3594
Introduced by Reps. Jennings, Harrison, F.N. Smith, Lucas, G.M. Smith, Hagood, Lourie, McLeod and Scott
S. Printed 1/28/04--H.
Read the first time February 12, 2003.
To whom was referred a Bill (H. 3594) 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, etc., respectfully
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, in Section 23-3-620, as contained in SECTION 1, page 1, line 37; page 2, lines 18, 29, and 30; page 3, lines 11, 22, and 23; and page 4, lines 2 and 4 by deleting / 2003 / and inserting / 2004 /;
Amend the bill further in Section 23-3-620, as contained in SECTION 1, by deleting /eavesdropping or peeping (Section 16-17-470); / on page 2, line 10 and page 3, lines 1 and 37 and inserting /eavesdropping or peeping (, as provided for in Section 16-17-470); / so when amended Section 23-3-620 reads:
"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, 2004, 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 (, as provided for in 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, 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 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 2004, and who was sentenced to and is serving a term of confinement on or after July 1, 2000 June 30, 2004, 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 (, as provided for in 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 2004, and who was sentenced to and is serving a term of confinement on or after July 1, 2000 June 30, 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 2004, who is serving a probated sentence or is paroled on or after July 1, 2000 June 30, 2004, 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 (, as provided for in 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 2004, and who is serving a probated sentence or is paroled on or after July 1, 2000 June 30, 2004.
(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."
Renumber sections to conform.
Amend title to conform.
JAMES H. HARRISON for Committee.
EXPLANATION OF IMPACT:
Department of Corrections (SCDC)
The department anticipates a minimal fiscal impact upon enactment. Existing staff could obtain and process the DNA samples. Under the requirements of this bill, and based on 2002 admissions data, approximately 4,343 additional inmates would be tested annually (doubling the annual DNA testing workload). The department notes that among its existing population 13,776 inmates (60%) have undergone DNA testing. If the provision of this bill were applied to the existing population, the agency would have to obtain a DNA sample from approximately 5,774 additional inmates.
Department of Probation, Parole and Pardon Services (PP&P)
The department anticipates a fiscal impact upon enactment. The department anticipates taking DNA samples from approximately 8,700 admissions annually at cost of $45,200. This estimate includes the cost of two temporary nurses, travel, supplies and equipment. In addition, the department indicates that if the provisions of this bill were applied to its existing population, approximately 13,500 offenders currently under supervision would be tested. If this were required the department would incur a one-time expense of $22,600 in order to obtain those samples. This would include the hiring of a temporary nurse at a salary of $19,000 with $3,600 in associated expenses.
Department of Juvenile Justice (DJJ)
The department anticipates no fiscal impact upon enactment of this bill.
State Law Enforcement Division (SLED)
A review of this bill by SLED indicates the agency would receive approximately 14,000 additional DNA samples from state agencies to process each year. Section 23-3-670 of the Code of Laws of South Carolina, 1976, provides that persons required to provide a sample, pursuant to Article 9 of this Chapter, must pay a fee of $250 for processing to cover the cost of testing and maintaining the database. Collecting an additional 14,000 samples at $250 could generate $3.5 million. However, based on a collection rate of 20%, only about $700,000 would be collected. Therefore, if the samples are to be collected and processed on a timely basis, there may be a cost to the General Fund of the State of approximately $2.8 million.
SPECIAL NOTES:
If the intent of the bill is to collect samples from offenders convicted and adjudicated but who were sentenced to and serving a term of confinement before June 30, 2003 (i.e. existing inmates and offenders), there would be approximately 20,000 additional samples to be collected and processed. This could generate approximately $5 million. However, with a collection rate of 20%, and if samples are to be collected and processed on a timely basis, there may be a non-recurring cost to the General Fund of the State of approximately $4 million.
Approved By:
Don Addy
Office of State Budget
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.
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