South Carolina Code of Laws
Chapter 3 - South Carolina Law Enforcement Division
Section 23-3-670. Cost of collection supplies for processing samples; processing fees.

(A) The cost of collection supplies for processing a sample pursuant to this article must be paid by the general fund of the State. A person who is required to provide a sample pursuant to this article, upon conviction, pleading guilty or nolo contendere, or forfeiting bond, must pay a two hundred fifty dollar processing fee which may not be waived by the court. However:
(1) if the person is incarcerated, the fee must be paid before the person is paroled or released from confinement and may be garnished from wages the person earns while incarcerated; and
(2) if the person is not sentenced to a term of confinement, payment of the fee must be a condition of the person's sentence and may be paid in installments if so ordered by the court.
(B) The processing fee assessed pursuant to this section must be remitted to the general fund of the State and credited to the State Law Enforcement Division to offset the expenses SLED incurs in carrying out the provisions of this article.
HISTORY: 1994 Act No. 497, Part II, Section 131A; 2008 Act No. 413, Section 4.G, eff January 1, 2009.

Editor's Note
2008 Act No. 413, Section 4.A provides as follows:
"This SECTION may be cited as the 'South Carolina Protection from Violence Against Women and Children Act'."
2008 Act No. 413, Section 4.I provides as follows:
"This SECTION takes effect on January 1, 2009. However, the implementation of the procedures provided for in this SECTION is contingent upon the State Law Enforcement Division's receipt of funds necessary to implement these provisions. Until the provisions of this SECTION are fully funded and executed, implementation of the provisions of this SECTION shall not prohibit the collection and testing of DNA samples by the methods allowed prior to the implementation of this SECTION from persons convicted, adjudicated delinquent, or on probation or parole for those crimes listed in Section 23-3-620. Upon this SECTION taking effect, a South Carolina law enforcement agency, which has in its possession any DNA samples that have been included in the State DNA Database, immediately must destroy and dispose of the DNA samples in accordance with regulations promulgated by SLED pursuant to Section 23-3-640."
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."
Effect of Amendment
The 2008 amendment, in subsection (A), added the first sentence relating to the cost of collection supplies, in the second sentence added ", upon conviction, pleading guilty or nolo contendere, or forfeiting bond, and designated paragraphs (1) and (2) from the last two sentences of the subsection.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 23 - Law Enforcement and Public Safety

Chapter 3 - South Carolina Law Enforcement Division

Section 23-3-10. Creation, chief and personnel of South Carolina Law Enforcement Division.

Section 23-3-15. Additional jurisdiction, authority and responsibilities; exclusive authority; other agencies or departments to assist SLED.

Section 23-3-20. Bond and oath of chief and agents; reappointment.

Section 23-3-25. Assignment of personnel; divisions.

Section 23-3-30. Supervision of security personnel employed by State.

Section 23-3-40. Recordation and classification of fingerprints taken in criminal investigations.

Section 23-3-45. Acceptance of fingerprints of applicants for admission to bar; exchange of records with Board of Law Examiners.

Section 23-3-47. South Carolina Commission on National and Community Service; criminal background checks.

Section 23-3-50. Revenue from certain fees and licenses to be remitted to State Treasurer.

Section 23-3-55. Expenditure of revenue.

Section 23-3-65. South Carolina Law Enforcement Assistance Program to provide counseling services and other support services.

Section 23-3-70. Plain language communications requirements for local and state emergency, fire, and law enforcement agencies.

Section 23-3-75. Administrative subpoena to a financial institution, public or private utility, or communications provider; disclosure; privacy of information; regulations; applicable federal law.

Section 23-3-80. Repealed by 2011 Act No. 69, Section 16, eff January 1, 2012.

Section 23-3-85. Confidential communications.

Section 23-3-110. Creation and functions of statewide criminal information and communication system.

Section 23-3-115. Fees for criminal record searches; charitable organizations; school districts.

Section 23-3-120. Reports of criminal data and fingerprints by law-enforcement agencies and court officials; taking of fingerprints.

Section 23-3-130. Determination of information to be supplied and methods of evaluation and dissemination; promulgation of rules and regulations.

Section 23-3-140. Effect of Article on disclosure of information.

Section 23-3-150. Grants and appropriations; contracts with public agencies.

Section 23-3-160. Investigation of injury or death of person under twenty-one when use of beverages containing alcohol suspected.

Section 23-3-170. Investigation of traffic-related injury or death of person where use of illegal drugs or controlled substances suspected.

Section 23-3-175. Inspection of junkyard, car dealership, parking lot, etc., for purpose of locating stolen vehicle or investigating titling or registration of wrecked or dismantled vehicle.

Section 23-3-200. Creation of Center; use of FBI file.

Section 23-3-210. Definitions.

Section 23-3-220. Chief of State Law Enforcement Division, generally; employees.

Section 23-3-230. Promulgation of regulations.

Section 23-3-240. Submission of missing person reports to Center.

Section 23-3-250. Dissemination of missing persons data by law enforcement agencies.

Section 23-3-260. Responsibilities of Center.

Section 23-3-270. Notification requirements when missing person located.

Section 23-3-280. Release of information.

Section 23-3-290. Fees.

Section 23-3-300. Toll-free phone line; instructions to callers; communication with law enforcement agencies.

Section 23-3-310. Improper release of information; penalty.

Section 23-3-320. Missing Person Task Force.

Section 23-3-330. Endangered Person Notification System.

Section 23-3-400. Purpose.

Section 23-3-410. Registry; contents and purpose; cross-reference alias names.

Section 23-3-420. Promulgation of regulations.

Section 23-3-430. Sex offender registry; convictions and not guilty by reason of insanity findings requiring registration.

Section 23-3-436. Registration of persons adjudicated delinquent.

Section 23-3-437. Removal of certain juveniles from registry.

Section 23-3-440. Notification of sheriff of offender's release, probation or change of residence; juvenile offenders.

Section 23-3-450. Offender registration with sheriff; sheriff's notification of local law enforcement agencies.

Section 23-3-460. Bi-annual registration for life subject to provisions of Section 23-3-462 and Section 23-3-463; notification of change of address; notification of local law enforcement agencies.

Section 23-3-462. Termination of registration requirements.

Section 23-3-463. Motion to request order to be removed from requirements of the sex offender registry.

Section 23-3-465. Residence in campus student housing.

Section 23-3-470. Failure to register or provide required notifications; penalties.

Section 23-3-475. Registering with false information; penalties.

Section 23-3-480. Notice of duty to register; what constitutes; registration following charge of failure to register not a defense.

Section 23-3-490. Public inspection of offender registry.

Section 23-3-500. Psychiatric or psychological treatment for children adjudicated for certain sex offenses.

Section 23-3-510. Persons committing criminal offenses using sex offender registry information; punishment.

Section 23-3-520. Immunity of public officials, employees, and agencies for acts or omissions under this article; exceptions; duties regarding disclosure of information.

Section 23-3-525. Notice by real estate brokerage about obtaining sex offender registry information.

Section 23-3-530. Protocol manual for sex offender registry; contents.

Section 23-3-535. Limitation on places of residence of certain sex offenders; exceptions; violations; local government ordinances; school districts required to provide certain information.

Section 23-3-538. Certain sex offenders prohibited from operating or working for child-oriented businesses; definitions; penalties.

Section 23-3-540. Electronic monitoring; reporting damage to or removing monitoring device; penalty.

Section 23-3-545. Effect of conviction of wilfully violating term or condition of active electronic monitoring.

Section 23-3-550. Assisting or harboring unregistered sex offender; penalty.

Section 23-3-555. Internet account, access provider, identifiers reporting requirements; notification of change; failure to comply; punishment; information provided to interactive computer services; judicial limitations on Internet usage by certain r...

Section 23-3-600. Short title.

Section 23-3-610. State DNA Database established; purpose.

Section 23-3-615. Definitions.

Section 23-3-620. When DNA samples required.

Section 23-3-625. DNA samples of missing persons.

Section 23-3-630. Persons authorized to take DNA sample; immunity from liability.

Section 23-3-635. DNA identification, typing, and testing of unidentified person's tissue and fluid samples.

Section 23-3-640. Specifications, procedures, and equipment; use of DNA profiles; disposition of samples.

Section 23-3-650. Confidentiality of DNA record and profile; availability; wilful disclosure; penalty.

Section 23-3-660. Expungement of DNA record; grounds for requesting.

Section 23-3-670. Cost of collection supplies for processing samples; processing fees.

Section 23-3-680. Promulgation of regulations.

Section 23-3-690. Promulgation of regulations for processes regarding samples.

Section 23-3-700. Implementation of article contingent on funding and regulations; implementation of DNA sample collection.

Section 23-3-810. Vulnerable Adults Investigations Unit established; duties.

Section 23-3-1010. National Crime Prevention and Privacy Compact ratified; State Law Enforcement Division to administer.

Section 23-3-1100. Determination of lawfulness of prisoner's presence in United States; notification of Department of Homeland Security of presence of unlawful alien; housing and maintenance expenses; transportation.

Section 23-3-1200. SLED electronic monitoring system; collection, storage and use of information.

Section 23-3-1300. Statewide sexual assault kit tracking system; creation; requirements; reports; confidentiality.

Section 23-3-1400. Blue alert program established; adoption of guidelines and procedures.