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Indicates Matter Stricken
Indicates New Matter
S. 879
STATUS INFORMATION
General Bill
Sponsors: Senators Campsen, Knotts, Fair and Malloy
Document Path: l:\s-res\gec\009dnas.kmm.doc
Companion/Similar bill(s): 429
Introduced in the Senate on January 8, 2008
Introduced in the House on May 1, 2008
Currently residing in the House Committee on Judiciary
Summary: Unidentified Human Remains DNA Database Act
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/5/2007 Senate Prefiled
12/5/2007 Senate Referred to Committee on Judiciary
1/8/2008 Senate Introduced and read first time SJ-42
1/8/2008 Senate Referred to Committee on Judiciary SJ-42
1/18/2008 Scrivener's error corrected
1/15/2008 Senate Referred to Subcommittee: Malloy (ch), Ford, Rankin,
Knotts, Cleary
4/29/2008 Senate Polled out of committee Judiciary
4/29/2008 Senate Committee report: Favorable with amendment Judiciary
4/30/2008 Senate Committee Amendment Adopted SJ-38
4/30/2008 Senate Read second time SJ-38
4/30/2008 Senate Unanimous consent for third reading on next legislative
day SJ-38
5/1/2008 Senate Read third time and sent to House SJ-30
5/1/2008 House Introduced and read first time HJ-118
5/1/2008 House Referred to Committee on Judiciary HJ-118
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
12/5/2007
1/18/2008
4/29/2008
4/30/2008
Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
April 30, 2008
S. 879
S. Printed 4/30/08--S.
Read the first time January 8, 2008.
TO ENACT THE UNIDENTIFIED HUMAN REMAINS DNA DATABASE ACT, BY AMENDING ARTICLE 9, CHAPTER 3 OF TITLE 23, RELATING TO THE STATE DNA DATABASE, TO PROVIDE THAT FAMILY MEMBERS OF A MISSING PERSON MAY SUBMIT DNA SAMPLES TO THE STATE LAW ENFORCEMENT DIVISION, TO PROVIDE THAT IF THE PERSON REMAINS MISSING FOR THIRTY DAYS, THE STATE LAW ENFORCEMENT DIVISION MUST CONDUCT DNA IDENTIFICATION, TYPING, AND TESTING ON THE DNA SAMPLE PROVIDED BY THE FAMILY MEMBER, TO PROVIDE THAT THE RESULTS OF THE IDENTIFICATION, TYPING, AND TESTING OF THE FAMILY MEMBER'S DNA SAMPLE IS ENTERED INTO THE STATE DNA DATABASE AND THE NATIONAL DNA INDEX SYSTEM, TO PROVIDE THAT EACH FAMILY MEMBER PROVIDING DNA SAMPLES MUST PAY A PROCESSING FEE, TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION MUST CONDUCT DNA IDENTIFICATION, TYPING, AND TESTING ON DNA SAMPLES OF UNIDENTIFIED BODIES THAT REMAIN UNIDENTIFIED FOR THIRTY DAYS, TO PROVIDE THAT THE RESULTS OF THE IDENTIFICATION, TYPING, AND TESTING OF THE UNIDENTIFIED PERSON'S DNA SAMPLE IS ENTERED INTO THE STATE DNA DATABASE AND THE NATIONAL DNA INDEX SYSTEM; BY AMENDING ARTICLE 1, CHAPTER 7 OF TITLE 17, RELATING TO CORONERS AND MEDICAL EXAMINERS, TO PROVIDE THAT A CORONER PERFORMING AN AUTOPSY ON AN UNIDENTIFIED BODY MUST OBTAIN TISSUE AND FLUID SAMPLES FROM THE BODY SUITABLE FOR DNA IDENTIFICATION, TYPING, AND TESTING, AND TO PROVIDE THAT THE CORONER MUST SEND THE SAMPLES TO THE STATE LAW ENFORCEMENT DIVISION; BY AMENDING SECTION 17-5-570, RELATING TO THE RELEASE AND BURIAL OF DEAD BODIES AND THE PRESERVATION AND DISPOSITION OF UNIDENTIFIED DEAD BODIES, TO PROVIDE THAT THE MEDICAL UNIVERSITY OF SOUTH CAROLINA OR OTHER FACILITY PRESERVING AN UNIDENTIFIED DEAD BODY MUST NOTIFY THE STATE LAW ENFORCEMENT DIVISION IF THE BODY REMAINS UNIDENTIFIED AFTER THIRTY DAYS, AND TO PROVIDE THAT THERE MAY BE NO DISPOSITION OF THE BODY UNTIL AT LEAST THIRTY DAYS AFTER THE BODY'S DNA PROFILE HAS BEEN ENTERED INTO THE STATE DNA DATABASE AND THE NATIONAL DNA INDEX SYSTEM.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be referred to and cited as the "Unidentified Human Remains DNA Database Act".
SECTION 2. Article 9, Chapter 3, Title 23 of the 1976 Code is amended by adding:
"Section 23-3-625. Family members of a missing person may submit DNA samples to the State Law Enforcement Division (SLED). If the person is missing thirty days after a missing person report has been submitted to the Missing Person Information Center, SLED must conduct DNA identification, typing, and testing on the family members' samples. SLED may, within its discretion, conduct DNA identification, typing, and testing on the family members' samples prior to thirty days if SLED determines that such DNA identification, typing, and testing is necessary. If SLED does not have the technology necessary for a particular method of DNA identification, typing, or testing, SLED may submit the DNA samples to a Combined DNA Indexing System (CODIS) laboratory that has the appropriate technology. The results of the identification, typing, and testing must be entered into CODIS."
SECTION 3. Article 9, Chapter 3, Title 23 of the 1976 Code is amended by adding:
"Section 23-3-635. Upon notification by the Medical University of South Carolina or other facility preserving the body of an unidentified person that the body remains unidentified after thirty days, the State Law Enforcement Division (SLED) must conduct DNA identification, typing, and testing of the unidentified person's tissue and fluid samples provided to SLED pursuant to Section 17-7-25. SLED may, within its discretion, conduct DNA identification, typing, and testing of the unidentified person's tissue and fluid samples prior to thirty days if SLED determines that such DNA identification, typing, and testing is necessary. The results of the identification, typing, and testing must be entered into the Combined DNA Indexing System."
SECTION 4. Article 1, Chapter 7, Title 17 of the 1976 Code is amended by adding:
"Section 17-7-25. A coroner performing an autopsy on an unidentified body must obtain tissue and fluid samples suitable for DNA identification, typing, and testing. The samples must be transmitted to the State Law Enforcement Division."
SECTION 5. Section 17-5-570(B) of the 1976 Code is amended to read:
"(B) If the body cannot be identified through reasonable efforts, the coroner must forward the body to the Medical University of South Carolina or other suitable facility for preservation. The body must be preserved for not less than thirty days, unless the body is identified within that time. If the body remains unidentified thirty days after the coroner forwarded the body, the Medical University of South Carolina or other facility preserving the body must immediately notify the State Law Enforcement Division (SLED). If the body has not been identified at the end of that time within thirty days after SLED has entered the unidentified person's DNA profile into the Combined DNA Indexing System pursuant to Section 23-3-635, the Medical University may retain possession of the body for its use and benefit or return the body to the coroner of the county where death occurred for disposition as provided by law. A facility other than the Medical University utilized by the coroner for storage of an unidentified body may dispose of the body as provided by law or return the body to the coroner of the county where death occurred for disposition."
SECTION 6. This act takes effect upon approval by the Governor.
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