A coroner performing an autopsy on an unidentified body must obtain tissue and fluid samples suitable for DNA identification, typing, and testing. The samples must be transmitted to the State Law Enforcement Division.
HISTORY: 2008 Act No. 413, Section 3.D, eff October 21, 2008.
Editor's Note
2008 Act No. 413, Section 3.A provides as follows:
"This SECTION may be referred to and cited as the 'Unidentified Human Remains DNA Database Act'."
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."
Structure South Carolina Code of Laws
Title 17 - Criminal Procedures
Chapter 7 - Autopsies And Inquest On The Dead
Section 17-7-15. Return of body after autopsy or medical examination.
Section 17-7-25. Autopsy on unidentified body; preservation of DNA samples.
Section 17-7-30. Findings on preliminary examination and filing of evidence.
Section 17-7-40. Fees for preliminary examination.
Section 17-7-70. Jurisdiction of coroners to take inquests.
Section 17-7-80. Duties of coroner concerning motor vehicle, swimming, or boating accident deaths.
Section 17-7-90. Persons subject to jury duty are liable to serve on an inquest.
Section 17-7-100. Mode of summoning a jury.
Section 17-7-110. Procedures to be followed by person directed to summon jury; compensation.
Section 17-7-120. Form of warrant to summon jury.
Section 17-7-140. Number of jurors and oath.
Section 17-7-150. Coroner shall charge jury.
Section 17-7-160. Inquiry in case of suicide.
Section 17-7-170. Coroner's power to issue warrants and to summon and examine witnesses.
Section 17-7-175. Coroner's power to issue subpoena duces tecum.
Section 17-7-180. Disregard of summons or refusal to testify.
Section 17-7-190. Coroner may punish for contempt.
Section 17-7-200. Coroner's power to adjourn the jury and bind jurors.
Section 17-7-210. Supplying places of absent jurors.
Section 17-7-220. Oath of witnesses.
Section 17-7-230. Coroner shall take testimony in writing and bind over or commit witnesses.
Section 17-7-240. Duty to render verdict; form.
Section 17-7-250. Form of conclusion of inquisition where deceased was wilfully killed.
Section 17-7-270. Form of conclusion of inquisition in case of death by self-murder.
Section 17-7-280. Form of conclusion of inquisition in case of death by means unknown.
Section 17-7-290. Form of conclusion of inquisition in case of death by mischance.
Section 17-7-300. Form of attestation clause; signature to inquisition.
Section 17-7-310. Return of inquisition and evidence to clerk.
Section 17-7-320. Endorsement on return of inquisition and evidence.
Section 17-7-330. Coroner's Book of Inquisitions.
Section 17-7-340. Compensation and mileage allowed coroner's jurors.
Section 17-7-510. Penalty for burying body without notice or inquiry.
Section 17-7-520. Order to take up buried body on suspicion of violent death; examination.
Section 17-7-530. Record of body long dead and buried or improperly kept.
Section 17-7-610. Warrant in case of wilful killing.
Section 17-7-620. Form of warrant in case of wilful killing.
Section 17-7-630. Commitment of person named in warrant in case of wilful killing.
Section 17-7-640. Sheriff and jailers are required to keep persons committed.
Section 17-7-650. Binding over person who killed another by mischance and witnesses.
Section 17-7-660. Report by county coroner to Governor in certain homicide cases.