October 23, 2008
Shifted South Carolina from conviction-based to arrest-based DNA collection by amending § 23-3-620 to require a saliva or tissue sample upon a lawful custodial arrest, service of a courtesy summons, or direct indictment for a felony, an offense punishable by five years or more, or eavesdropping/peeping/stalking, taken at booking (a major expansion). Also enacted the Access to Justice Post-Conviction DNA Testing Act (new Title 17, Ch. 28), a Preservation of Evidence Act, and the Unidentified Human Remains DNA Database Act (§§ 23-3-625, 23-3-635). Act 413 of 2008 (S 429); vetoed and overridden; arrest-collection provisions effective January 1, 2009 contingent on SLED implementation funding.