(A) A person who pled not guilty to at least one of the following offenses, was subsequently convicted of or adjudicated delinquent for the offense, is currently incarcerated for the offense, and asserts he is innocent of the offense may apply for forensic DNA testing of his DNA and any physical evidence or biological material related to his conviction or adjudication:

(1) murder (§ 16-3-10);

Terms Used In South Carolina Code 17-28-30

  • Conviction: A judgement of guilt against a criminal defendant.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.

(2) killing by poison (§ 16-3-30);

(3) killing by stabbing or thrusting (§ 16-3-40);

(4) voluntary manslaughter (§ 16-3-50);

(5) homicide by child abuse (§ 16-3-85(A)(1));

(6) aiding and abetting a homicide by child abuse (§ 16-3-85(A)(2));

(7) lynching in the first degree (§ 16-3-210);

(8) killing in a duel (§ 16-3-430);

(9) spousal sexual battery (§ 16-3-615);

(10) criminal sexual conduct in the first degree (§ 16-3-652);

(11) criminal sexual conduct in the second degree (§ 16-3-653);

(12) criminal sexual conduct in the third degree (§ 16-3-654);

(13) criminal sexual conduct with a minor (§ 16-3-655);

(14) arson in the first degree resulting in death (§ 16-11-110(A));

(15) burglary in the first degree for which the person is sentenced to ten years or more (§ 16-11-311(B));

(16) armed robbery for which the person is sentenced to ten years or more (§ 16-11-330(A));

(17) damaging or destroying a building, vehicle, or property by means of an explosive incendiary resulting in death (§ 16-11-540);

(18) abuse or neglect of a vulnerable adult resulting in death (§ 43-35-85(F));

(19) sexual misconduct with an inmate, patient, or offender (§ 44-23-1150);

(20) unlawful removing or damaging of an airport facility or equipment resulting in death (§ 55-1-30 (3));

(21) interference with traffic-control devices or railroad signs or signals resulting in death (§ 56-5-1030(B)(3));

(22) driving a motor vehicle under the influence of alcohol or drugs resulting in death (§ 56-5-2945);

(23) obstruction of railroad resulting in death (§ 58-17-4090); or

(24) accessory before the fact (§ 16-1-40) to any offense enumerated in this subsection.

(B) A person who pled guilty or nolo contendere to at least one of the offenses enumerated in subsection (A), was subsequently convicted of or adjudicated delinquent for the offense, is currently incarcerated for the offense, and asserts he is innocent of the offense may apply for forensic DNA testing of his DNA and any physical evidence or biological material related to his conviction or adjudication no later than seven years from the date of sentencing.

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