§ 17-28-320 — Offenses for which evidence preserved; conditions and duration of preservation.

(A) A custodian of evidence must preserve all physical evidence and biological material related to the conviction or adjudication of a person for at least one of the following offenses: (1) murder (Section 16-3-10); (2) killing by poison (Section 16-3-30); (3) killing by stabbing or thrusting (Section 16-3-40); (4) voluntary manslaughter (Section 16-3-50); (5) homicide by child abuse (Section 16-3-85(A)(1)); (6) aiding and abetting a homicide by child abuse (Section 16-3-85(A)(2)); (7) lynching in the first degree (Section 16-3-210); (8) killing in a duel (Section 16-3-430); (9) spousal sexual battery (Section 16-3-615); (10) criminal sexual conduct in the first degree (Section 16-3-652); (11) criminal sexual conduct in the second degree (Section 16-3-653); (12) criminal sexual conduct in the third degree (Section 16-3-654); (13) criminal sexual conduct with a minor (Section 16-3-655); (14) arson in the first degree resulting in death (Section 16-11-110(A)); (15) burglary in the first degree for which the person is sentenced to ten years or more (Section 16-11-311(B)); (16) armed robbery for which the person is sentenced to ten years or more (Section 16-11-330(A)); (17) damaging or destroying a building, vehicle, or property by means of an explosive incendiary resulting in death (Section 16-11-540); (18) abuse or neglect of a vulnerable adult resulting in death (Section 43-35-85(F)); (19) sexual misconduct with an inmate, patient, or offender (Section 44-23-1150); (20) unlawful removing or damaging of an airport facility or equipment resulting in death (Section 55-1-30 (3)); (21) interference with traffic-control devices or railroad signs or signals resulting in death (Section 56-5-1030(B)(3)); (22) driving a motor vehicle under the influence of alcohol or drugs resulting in death (Section 56-5-2945); (23) obstruction of railroad resulting in death (Section 58-17-4090); or (24) accessory before the fact (Section 16-1-40) to any offense enumerated in this subsection. (B) The physical evidence and biological material must be preserved: (1) subject to a chain of custody as required by South Carolina law; (2) with sufficient documentation to locate the physical evidence and biological material; and (3) under conditions reasonably designed to preserve the forensic value of the physical evidence and biological material. (C) The physical evidence and biological material must be preserved until the person is released from incarceration, dies while incarcerated, or is executed for the offense enumerated in subsection (A). However, if the person is convicted or adjudicated on a guilty or nolo contendere plea for the offense enumerated in subsection (A), the physical evidence and biological material must be preserved for seven years from the date of sentencing, or until the person is released from incarceration, dies while incarcerated, or is executed for the offense enumerated in subsection (A), whichever comes first.

Legislative History

HISTORY: 2008 Act No. 413, SECTION 2, eff January 1, 2009. Code Commissioner's Note Sections 16-3-30, 16-3-40, and 16-3-430, referenced in subsections (A)(2), (A)(3), and (A)(8), were repealed by 2010 Act No. 273, SECTION 22.