South Carolina § 17-28-360 Failure to preserve; cause of action against responsible entity; right to release.

South Carolina Statutes

§ 17-28-360 — Failure to preserve; cause of action against responsible entity; right to release.

South Carolina § 17-28-360

Title 17CRIMINAL PROCEDURES

Ch. 28POST-CONVICTION DNA TESTING AND PRESERVATION OF EVIDENCE

This text of South Carolina § 17-28-360 (Failure to preserve; cause of action against responsible entity; right to release.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 17-28-360 (2026).

Text

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.

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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.