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.
Structure South Carolina Code of Laws
Title 17 - Criminal Procedures
Chapter 28 - Post-conviction Dna Testing And Preservation Of Evidence
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 17-28-60. Costs and expenses; appointment of counsel for indigent applicant.
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.
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.