2021 South Carolina Code of Laws
Title 17 - Criminal Procedures
Chapter 28 - Post-conviction Dna Testing And Preservation Of Evidence

Editor's Note

2008 Act No. 413, Section 7 provides as follows:

"The provisions of Section 17-28-350 become effective upon the signature of the Governor. All other provisions become effective January 1, 2009. The enactment of these provisions prior to the effective date indicates the intent of the General Assembly that statewide laws or practices shall exist to ensure additional procedures for post-conviction DNA testing, and proper preservation of biological evidence connected to murder, rape, and nonnegligent homicide in order that application for available federal funds shall be made by the appropriate agencies and considered by the appropriate federal agencies prior to the effective date."

• Section 17-28-10. Citation of Article.
• Section 17-28-20. Definitions.
• Section 17-28-30. Offenses for which post-conviction DNA testing available.
• Section 17-28-40. Form and contents of application.
• Section 17-28-50. Application for testing; notification of prosecutor, custodian of evidence, and victim; dismissal; successive applications.
• Section 17-28-60. Costs and expenses; appointment of counsel for indigent applicant.
• Section 17-28-70. Preservation and management of physical evidence and biological material; wilful destruction of evidence.
• Section 17-28-80. Preservation of test reports.
• Section 17-28-90. Hearing; factors to be proved; orders relating to DNA samples.
• Section 17-28-100. Disclosure and use of test results; motion for new trial.
• Section 17-28-110. Consent to testing.
• Section 17-28-120. Administration expenditure limitation.

Editor's Note

2008 Act No. 413, Section 7, provides as follows:

"The provisions of Section 17-28-350 become effective upon the signature of the Governor. All other provisions become effective January 1, 2009. The enactment of these provisions prior to the effective date indicates the intent of the General Assembly that statewide laws or practices shall exist to ensure additional procedures for post-conviction DNA testing, and proper preservation of biological evidence connected to murder, rape, and nonnegligent homicide in order that application for available federal funds shall be made by the appropriate agencies and considered by the appropriate federal agencies prior to the effective date."

• Section 17-28-300. Citation of article.
• Section 17-28-310. Definitions.
• Section 17-28-320. Offenses for which evidence preserved; conditions and duration of preservation.
• Section 17-28-330. Registration as custodian of evidence.
• Section 17-28-340. Petition for destruction of evidence prior to expiration of required time period.
• Section 17-28-350. Wilful destruction.
• Section 17-28-360. Failure to preserve; cause of action against responsible entity; right to release.