News 10.23.08

New South Carolina law requires evidence preservation and access to DNA testing

South Carolina this week became the 44th state in the U.S. with a law allowing convicted defendants to seek DNA testing when it has the potential to prove innocence. The  State House voted 86-25 Tuesday to override a veto by Gov. Mark Sanford, and the Senate voted 36-0 to override the veto on Monday.

The bill also ensures that crime scene evidence will be preserved in most serious felony convictions until the defendant is released from custody (unless they pled guilty, in which case the evidence would only be preserved for seven years).

Sanford said he vetoed the bill because he didn’t support a provision that allows law enforcement agencies to collect DNA samples from anyone arrested for a felony. This is a provision that the Innocence Project also

does not support

, as we believe that collecting DNA from people who were not convicted of felonies violates personal privacy and impedes law enforcement.


Read more here

. (The Greenville News, 10/22/08)

What are the DNA access and evidence preservation laws in your state?

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