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2017 South Carolina Code of Laws
Title 17 - Criminal Procedures
CHAPTER 28 - POST-CONVICTION DNA TESTING AND PRESERVATION OF EVIDENCE
Section 17-28-360. Failure to preserve; cause of action against responsible entity; right to release.
Universal Citation: SC Code § 17-28-360 (2017)
Unless there is an act of gross negligence or intentional misconduct this article may not be construed to give rise to a claim for damages against the State of South Carolina, a political subdivision of the State, an employee of the State, or a political subdivision of the State. Failure of a custodian of evidence to preserve physical evidence or biological material pursuant to this article does not entitle a person to any relief from conviction or adjudication but does not prohibit a person from presenting this information at a subsequent hearing or trial.
HISTORY: 2008 Act No. 413, Section 2, eff January 1, 2009.
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