Download This Version in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
POLLED OUT OF COMMITTEE
MAJORITY FAVORABLE WITH AMENDMENT
April 29, 2008
S. 879
S. Printed 4/29/08--S.
Read the first time January 8, 2008.
To whom was referred a Bill (S. 879) 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 , etc., respectfully
Has polled the Bill out with amendment, to wit:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ 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. /
Amend title to conform.
EXPLANATION OF IMPACT:
State Law Enforcement Division (SLED)
SLED reports it currently tests DNA samples related to this bill, therefore, there will be no impact on the General Fund of the State or on federal and/or other funds.
Medical University of South Carolina (MUSC)
MUSC indicates this bill would have no impact on the General Fund of the State, or on federal and/or other funds. MUSC is already complying with the requirements of this bill and therefore foresees no additional fiscal impact.
Approved By:
Harry Bell
Office of State Budget
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.
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 of Title 23 is amended by adding:
"Section 23-3-625. (A) Family members of a missing person may submit DNA samples to SLED. If the person identified in a missing person report is still missing thirty days after a missing person report is submitted to the Missing Person Information Center then SLED must conduct DNA identification, typing, and testing on the family member's sample. The results of the identification, typing, and testing must be entered into the State DNA Database and the National DNA Index System.
(B) Each family member who provides a sample pursuant to this section must pay a two hundred and fifty dollar processing fee. The processing fee assessed pursuant to this section must be remitted to the General Fund of the State and credited to the State Law Enforcement Division to offset the expenses SLED incurs in carrying out the provisions of this section."
SECTION 3. Article 9, Chapter 3 of Title 23 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 is still unidentified after thirty days, 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. The results of the identification, typing, and testing must be entered into the State DNA Database and the National DNA Index System."
SECTION 4. Article 1, Chapter 7 of Title 17 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 of the 1976 Code is amended to read:
"Section 17-5-570. (A) After the post-mortem examination, autopsy, or inquest has been completed, the dead body must be released to the person lawfully entitled to it for burial. If no person claims the body, the coroner or medical examiner must notify the board created pursuant to Section 44-43-510. If the board does not accept the body, the body must be turned over to the coroner of the county where death occurred for disposition as provided by law. If the deceased has an estate out of which burial expenses can be paid either in whole or in part, the estate must be taken for that purpose before an expense under this section is imposed upon a county.
(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. The Medical University of South Carolina or other facility preserving the body must immediately notify the State DNA Database if the body remains unidentified thirty days after it was forwarded by the coroner. If the body has not been identified at the end of that time within thirty days after the State Law Enforcement Division has entered the unidentified person's DNA profile into the State DNA Database and the National DNA Index 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.
(C) If an unidentified body is preserved at the Medical University, the county is responsible for transporting the body to and from the Medical University; however, the county is not responsible for the cost of preserving the body at the Medical University. If an unidentified body is preserved at the Medical University, the Medical University must absorb the cost of preserving the body for not less than thirty days."
SECTION 6. This act takes effect upon approval by the Governor.
This web page was last updated on Monday, June 22, 2009 at 3:09 P.M.