2003-2004 Bill 3594 Text of Previous Version (Apr. 1, 2004)

South Carolina General Assembly
115th Session, 2003-2004

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Bill 3594

~~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 1, 2004

H. 3594

Introduced by Reps. Jennings, Harrison, F.N. Smith, Lucas, G.M. Smith, Hagood, Lourie, McLeod, Bingham, Owens, Scott, Whipper, Delleney and Toole

S. Printed 4/1/04--S.

Read the first time February 4, 2004.

THE COMMITTEE ON JUDICIARY

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, 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 23-3-620 of the 1976 Code, as 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 any person convicted or adjudicated delinquent and incarcerated in a state correctional facility on or after ~~July 1, 2000~~ July 1, 2004, 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, 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 or

(b) any offense classified as a felony in Section 16-1-90 or any other offense that carries a maximum term of imprisonment of five years or more; and

(2) any criminal offender convicted or adjudicated delinquent on or after ~~July 1, 2000~~ July 1, 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 (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~~ 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~~ July 1, 2004, and who was sentenced to and is serving a term of confinement on or after ~~July 1, 2000~~ July 1, 2004, for:

(b) any offense classified as a felony in Section 16-1-90 or any other offense that carries a maximum term of imprisonment of five years or more; and

(2) any criminal offender ordered by the court who was convicted or adjudicated delinquent before ~~July 1, 2000~~ July 1, 2004, and who was sentenced to and is serving a term of confinement on or after ~~July 1, 2000~~ July 1, 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~~ July 1, 2004, who is serving a probated sentence or is paroled on or after ~~July 1, 2000~~ July 1, 2004, for:

(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 or

(b) any offense classified as a felony in Section 16-1-90 or any other offense that carries a maximum term of imprisonment of five years or more; and

(2) any criminal offender ordered by the court who was convicted or adjudicated delinquent before ~~July 1, 2000~~ July 1, 2004, and who is serving a probated sentence or is paroled on or after ~~July 1, 2000~~ July 1, 2004.

(F) A person who provides a sample pursuant to this article also must provide ~~such~~ any 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. Section 23-3-630 of the 1976 Code is amended to read:

"Section 23-3-630. (A) Only a correctional health nurse technician, physician, registered professional nurse, licensed practical nurse, laboratory technician, or other appropriately trained health care worker may take a sample from which DNA may be obtained.

(B) A person taking a sample pursuant to this article is immune from liability ~~provided~~ if the sample was taken according to recognized medical procedures. However, no person is relieved from liability for negligence in the taking of any blood sample."

SECTION 3. Section 23-3-640 of the 1976 Code is amended to read:

"Section 23-3-640. (A) Samples must be taken and submitted to SLED pursuant to specifications and procedures developed by SLED in regulation. SLED ~~shall~~ must conduct DNA identification testing, typing, and analysis in accordance with regulations promulgated by the State Law Enforcement Division on samples received for the purpose of developing a DNA profile, and SLED ~~shall~~ must use procedures, equipment, supplies, and computer software that is are compatible with those used by the Federal Bureau of Investigation.

(B) The DNA profile on a sample may be used:

(1) to develop a convicted offender database to identify suspects in otherwise nonsuspect cases;

(2) to develop a population database when personal identifying information is removed;

(3) to support identification research and protocol development of forensic DNA analysis methods;

(4) to generate investigative leads in criminal investigations;

(5) for quality control or quality assurance purposes, or both;

(6) to assist in the recovery and identification of human remains from mass disasters;

(7) for other humanitarian purposes including identification of missing persons.

(D) SLED must securely store DNA samples. The samples are confidential and must remain in the custody of SLED or a private laboratory designated by SLED if the laboratory's standards for confidentiality and security are at least as stringent as those of SLED."

SECTION 4. Section 23-3-650 of the 1976 Code is amending by adding:

"Section 23-3-650. (A) The DNA sample and the results of a DNA profile of an individual provided under this article are confidential and must be securely stored, except that SLED ~~shall~~ must make available the results to federal, state, and local law enforcement agencies and to approved crime laboratories which serve these agencies and to the solicitor or the solicitor's designee upon a written or electronic request and in furtherance of an official investigation of a criminal offense. These results or the DNA sample of an individual also must be made available as required by a court order following a hearing directing SLED to release the record or sample.

(B) A person who wilfully discloses in any manner individually identifiable DNA information contained in the State DNA Database to a person or agency not entitled to receive this information is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than one year, or both.

(C) A person who, without authorization, wilfully obtains individually identifiable DNA information from the State DNA Database is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than one year, or both."

SECTION 5. Upon approval by the Governor, this act takes effect on July 1, 2004. /

Renumber sections to conform.

Amend title to conform.

THOMAS L. MOORE for Committee.

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

A Cost to the General Fund (See Below)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

Department of Corrections (SCDC)

The department anticipates a fiscal impact upon enactment. Under the requirements of this bill, and based on 2002 admissions data, approximately 5,392 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 8,421 additional inmates. The department indicates there will be a fiscal impact on the General Fund of the State associated with a full time nurse position to take the DNA samples from the additional offenders supervised by the agency. A full time nurse's salary is $39,000 annually. Fringe benefits at 29% are estimated at $11,300. Total impact for a full-time permanent nurse can be estimated at $50,300.

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 of Juvenile Justice states that implementation of this bill would require the testing of an additional 1,000 community based youth annually. The department would incur additional costs of $71,621. These costs would cover increased supervisory staff time ($40,421) and transportation of juveniles ($31,200) undergoing the DNA testing procedure. The department's cost estimates are based on current staff time requirements and an anticipated increase in the number of vehicles needed to meet transportation needs.

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. SLED indicates that the agency would continue to aggressively pursue Federal grants and DNA offender fees to fund the additional costs associated with the requirements of H.3594.

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 22,000 additional samples to be collected and processed. This could generate approximately $5.5 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 $4.4 million.

The italicized portion of this impact indicates the items that have been revised. For this impact, the revised constitutes information that was not available from DJJ in the original impact.

Approved By:

Don Addy

Office of State Budget

A BILL

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 J~~uly 1, 2000,~~ June 30, 2004, for:

(a) a felony; 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 felony; or

(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, 2004.

(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 felony; 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."

SECTION 2. This act takes effect upon approval by the Governor.

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