South Carolina Criminal Defense Blog

The DNA testing bill did pass the South Carolina Senate and House after all, but has not been signed yet by the governor. The bill in its final form has combined what was two separate bills, one allowing law enforcement to collect DNA samples from persons at the time of their arrest, and a bill which will require authorities to preserve evidence for 7 years or until a convicted person's prison sentence is complete and which will grant inmates access to DNA testing.

Sanford last year vetoed legislation requiring DNA testing when people are arrested. He called it an "overreach by government and an erosion of personal liberty."

Unlike fingerprinting, Sanford wrote, DNA "contains a great deal of sensitive personal information. DNA includes, for example, information about disease predisposition, physical attributes, ancestry and familial relationships."

He told legislators he favored taking DNA samples only after a person is convicted.

If Sanford vetoes the bill, it will not get an over-ride vote until January, when the legislature reconvenes.