South Carolina

Recent / Pending Legislation

• SB 731 (2026, pending) – Genetic Information Privacy – focuses on company’s ability to sell DNA and needing consent to do that.
• HB 3873 (2025 introduced, carried over int 2026, pending) – Mandatory DNA Identification Distribution for schools.
  • This bill amends Section 59-3-35 of the South Carolina Code of Laws to make the distribution of inkless, in-home fingerprint and DNA identification kits through public schools mandatory, rather than requiring parents or legal custodians to request them. The Department of Education will provide student counts to the Office of the Attorney General to determine the number of kits needed annually for kindergarten through high school students. These kits are intended to be readily available to all school districts and open-enrollment charter schools for distribution to families.

Arrestees: Yes, from adults only — § 23-3-620(A) excepts juveniles, who provide samples only on court order or upon conviction or adjudication. Booking Station Rapid Ready, possible analysis issues.

Qualifying Crimes: (i) Any felony, or any offense punishable by five or more years of imprisonment; (ii) for adults, also eavesdropping, peeping, and stalking; and (iii) any case where a court orders collection.

Time of Collection: At the jail, the sheriff’s office serving a courtesy summons, the courthouse where a direct-presentment indictment is served, or the detention facility, at booking and processing — or at another location where fingerprinting is required before conviction. An arrestee released before providing a sample must provide one, at a location set by the law enforcement agency with jurisdiction over the offense, on or before the first court appearance.

Expungement: Runs on notification and/or formal request: the solicitor in the county where the person was charged must notify the South Carolina Law Enforcement Division (“SLED”) once the person becomes eligible, which occurs in these situations: if charge was (i) nolle prossed, (ii) dismissed, or (iii) reduced below requirement for inclusion in the database; or if the person has been found not guilty, or conviction reversed, set aside, or vacated

Statutes / Case Law

SC Code § 23–3–610. State DNA Database Established; Purpose

§ 23–3–620. When DNA Samples Required

§ 23–3–660. Expungement of DNA Record; Grounds for Requesting

S.C. Code of Regulations R. 73-61. State DNA Database

Convicted Offenders: Yes.

Qualifying Crimes: Any felony, or any offense punishable by five or more years of imprisonment, plus the enumerated misdemeanors of eavesdropping, peeping, and stalking.

Time of Collection: Unless already collected at arrest: before release from confinement, or as a condition of parole or probation.

Expungement: Mandatory where the conviction is reversed, set aside, or vacated. The solicitor in the county where the person was charged notifies SLED once the person becomes eligible. Upon receiving this notification, SLED must begin the expungement procedure. SLED must purge DNA and all other information if SLED receives (i) a document certified by a circuit court judge, a prosecuting attorney or a court clerk that must be produced to the requestor within 14 days after the request is made and after the conviction has been reversed, set aside, or vacated, or (ii) a certified copy of the court order reversing, setting aside or vacating the conviction.

Statutes / Case Law

SC Code § 23–3–610. State DNA Database Established; Purpose

§ 23–3–620. When DNA Samples Required

§ 23–3–640. Specifications, Procedures, and Equipment; Use of DNA Profiles; Disposition of Samples

§ 23–3–660. Expungement of DNA Record; Grounds for Requesting

S.C. Code of Regulations R. 73-61. State DNA Database

Legislative History

1994 Act No. 497 — Created the DNA Database (original statute)

Bill: H 4820 (Rat. R 609)

Session: 110th General Assembly (1993–1994)

Sponsor: House Ways and Means Committee

Note: The DNA database was not created by standalone legislation — it was embedded in Part II, Section 131A of the General Appropriations Bill. This created 23-3-600 through 23-3-700 in their entirety, including 23-3-610 establishing the State DNA Database in SLED.

Signed by Governor June 29, 1994 (with certain items vetoed).

2000 Act No. 396 — Expanded collection mandates

Bill: H 3120 (Rat. R 449)

Session: 113th General Assembly (1999–2000)

Sponsors: Sandifer, Meacham, Simrill, Littlejohn

What it did: Amended 23-3-620 to expand the list of offenders required to submit samples (adding violent crimes and other enumerated offenses); amended 23-3-700 to require SLED to begin collecting samples no later than July 30, 2000.

Signed by Governor August 18, 2000.

2001 Act No. 99 — Added second-degree burglary

Bill: S 492 (Rat. R 108)

Session: 114th General Assembly (2001–2002)

Sponsors: McConnell and Giese

What it did: Amended 23-3-620 to require persons convicted of second-degree burglary to submit a DNA sample.

Signed by Governor August 31, 2001.

2004 Act No. 230 — Expanded to all felonies

Bill: H 3594 (Rat. R 307)

Session: 115th General Assembly (2003–2004)

Sponsors: Jennings, Harrison, F.N. Smith, Lucas, G.M. Smith, and others

What it did: Major expansion — amended 23-3-620 to require DNA from all persons convicted or adjudicated delinquent for any felony or any offense punishable by 5+ years (effective July 1, 2004); also amended 23-3-630, 23-3-640, and 23-3-650 on sample-taking authority, storage, and confidentiality.

Signed by Governor May 12, 2004.

2008 Act No. 413 — Arrest-based collection and major overhaul

Bill: S 429 (Rat. R 429)

Session: 117th General Assembly (2007–2008)

Sponsors: Malloy and Jackson

What it did: The most sweeping expansion — shifted collection from conviction to custodial arrest for felonies and certain offenses; added new sections 23-3-615 (definitions), 23-3-625 (missing persons DNA), 23-3-635 (unidentified remains); also enacted the “Access to Justice Post-Conviction DNA Testing Act” and the “Preservation of Evidence Act.”

Vetoed by Governor July 2, 2008; veto overridden by Senate (44–0) and House (86–25) on October 20–21, 2008. Effective October 23, 2008.

• No program or law identified. However, evidence of use for family reference samples
  • Rapid DNA in Charleston County for family member reference samples. This appears to be a DVI preparedness program.
  • There is some unit deployment in Spartanburg, Greenville, and Charleston counties for the emergency preparedness.

No program or law identified.

No program or law found.

No program or law identified.