{"data":{"id":"us-sc/s.c.-code-ann.-17-28-110","jurisdiction":"us-sc","citation":"S.C. Code Ann. § 17-28-110","heading":"Consent to testing.","body":"(A) Nothing in this article prohibits a person and a solicitor or the Attorney General, as applicable, from consenting to and conducting post-conviction DNA testing by agreement of the parties. The person may use the exculpatory results of the DNA test as the grounds for filing a motion for new trial pursuant to the South Carolina Rules of Criminal Procedure.\n(B) Nothing in this article prohibits a person from filing an application for post-conviction relief pursuant to Chapter 27, Title 17.\n(C) Unless there is an act of gross negligence or intentional misconduct this article may not be construed to give rise to a claim for damages against the State of South Carolina, a political subdivision of the State, or an employee of the State or a political subdivision of the State. Failure of a custodian of evidence to preserve physical evidence or biological material pursuant to this article does not entitle the applicant to any relief from conviction or adjudication but does not prohibit a person from presenting this information at a subsequent hearing or trial.","path":["Title 17 - CRIMINAL PROCEDURES","CHAPTER 28 Post-Conviction DNA Testing and Preservation of Evidence","ARTICLE 1 Access to Justice Post-Conviction DNA Testing Act"],"source_url":"https://www.scstatehouse.gov/code/t17c028.php","current_through":"2025 Session of the General Assembly","vintage":"","retrieved_at":"2026-09-02T06:46:49Z","sha256":"38df52e6d59a95106063940ac1cdaaa42452bc0b2836e8435eba4f829bfc861a","source_id":"us-sc","stale":false,"prev":"us-sc/s.c.-code-ann.-17-28-100","next":"us-sc/s.c.-code-ann.-17-28-120"},"notice":"GroundRules: Original legal text. Not legal advice."}