(A) A custodian of evidence must preserve all physical evidence and biological material related to the conviction or adjudication of a person for at least one of the following offenses:

(1) murder (§ 16-3-10);

Terms Used In South Carolina Code 17-28-320

  • 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.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.

(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) The physical evidence and biological material must be preserved:

(1) subject to a chain of custody as required by South Carolina law;

(2) with sufficient documentation to locate the physical evidence and biological material; and

(3) under conditions reasonably designed to preserve the forensic value of the physical evidence and biological material.

(C) The physical evidence and biological material must be preserved until the person is released from incarceration, dies while incarcerated, or is executed for the offense enumerated in subsection (A). However, if the person is convicted or adjudicated on a guilty or nolo contendere plea for the offense enumerated in subsection (A), the physical evidence and biological material must be preserved for seven years from the date of sentencing, or until the person is released from incarceration, dies while incarcerated, or is executed for the offense enumerated in subsection (A), whichever comes first.