South Carolina

At a glance

Oversight body

None. No forensic science commission or lab oversight body was found. SLED has “specific and exclusive jurisdiction” for “the maintenance and operation of a statewide comprehensive forensic sciences laboratory” (S.C. Code 23-3-15(A)(2)); it is an operating agency, not an oversight body.

Lab accreditation

No statutory mandate found. SLED DNA testing must follow SLED regulations and use procedures, equipment and software “compatible with those used by the Federal Bureau of Investigation” (23-3-640(A)). Post-conviction DNA testing must be done by SLED, a local CODIS lab, or a lab SLED approves in advance (17-28-90(D)).

Analyst licensing

None for forensic analysts. One of several alternative qualifications for coroner is completing a recognized forensic science degree or certification program, or enrolling in one to be finished within a year of election (17-5-130(A)(2)(e)). That is a qualification for elected office, not analyst licensing.

Admissibility standard

SCRE 702: a qualified expert “may testify” if “scientific, technical, or other specialized knowledge will assist” the trier of fact (Rule 702). The rule’s note says it is identical to the federal rule; the text has none of the reliability conditions the federal rule added in 2000. In State v. Council, Op. No. 24932 (S.C. filed April 5, 1999), the Supreme Court held: “While this Court does not adopt Daubert ... the trial judge must find the evidence will assist the trier of fact, the expert witness is qualified, and the underlying science is reliable,” applying the Jones factors and then Rule 403; it upheld mitochondrial DNA evidence (Council). In State v. Phillips, Op. No. 27978 (S.C. filed June 3, 2020), the Court reversed both of Phillips’s convictions, for murder and weapon possession, over touch DNA mixture testimony. The analyst said the probability that a random unrelated person could not be excluded was one in two hundred for the gun sample and one in two for the jeans-pocket sample. The Court held that “if an objection is made, the trial court must hold a Daubert/Council hearing,” the proponent must lay the factual and scientific foundation for Rule 702, and the court must balance probative value against Rule 403 dangers on the record (Phillips). Beatty, C.J., joined by Hearn, J., concurred in result only, noting that the Court “has expressly declined to adopt Daubert.” South Carolina has not adopted the 2023 change to Federal Rule 702; the rule page shows no amendment.

Post-conviction forensic relief

No changed-science statute. Two routes. (1) The Access to Justice Post-Conviction DNA Testing Act (S.C. Code 17-28-10 to 17-28-120, 2008 Act No. 413) covers only listed offenses, including murder, voluntary manslaughter, criminal sexual conduct in the first to third degree and with a minor, homicide by child abuse, and armed robbery or first-degree burglary with a sentence of 10 years or more. The applicant must be “currently incarcerated” and assert innocence (17-28-30(A)). Guilty and nolo pleas qualify only if the application is filed within seven years of sentencing (17-28-30(B)). The court “shall order” testing if the applicant proves seven listed factors by a preponderance, including availability and chain of custody of the evidence, materiality to identity, and that exculpatory results would “probably change the result” (17-28-90(B)). Exculpatory results support a motion for a new trial (17-28-100(B)). (2) Post-conviction relief on “evidence of material facts, not previously presented and heard” (17-27-20(A)(4)), filed within one year of actual or reasonably diligent discovery (17-27-45(C)).

DNA database scope

Broad arrestee collection with mandatory expungement. After a lawful custodial arrest, courtesy summons or direct indictment for a felony, an offense punishable by five years or more, or eavesdropping, peeping or stalking, adults must give a sample at booking. Juveniles give one if a court orders it or on conviction or adjudication for such an offense (23-3-620(A)). Samples are also required before parole or release, or as a condition of probation or parole, if not already taken (23-3-620(B), (D)). Expungement is mandatory and free when charges are nolle prossed, dismissed or reduced below the threshold, or on acquittal or vacatur; solicitors must notify SLED, and arrestees must be told of the right in writing (23-3-660). The program is “contingent upon annual appropriations of sufficient funding” (23-3-700). Family reference samples for missing persons and samples from unidentified remains are covered by 23-3-625 and 23-3-635.

Facial recognition

No statute on police use of facial recognition. The only Code hit is 17-5-535(B), which requires autopsy images used for teaching, training, consultation with experts or publication to have identifying information redacted “after making facial recognition anonymous to the extent reasonably possible.”

Changes, 2023 to 2026

• May 15, 2026

  Unidentifiable or unclaimed bodies may be cremated 30 days after death or discovery

  2026 Act No. 145 (H 4188), S.C. Code 17-5-590Approved and effective May 15, 2026

  Former 17-5-590(A) said the remains of an unidentifiable body “may not be cremated for at least thirty days” and that the coroner or medical examiner “must have the remains buried or interred.” The new text defines “unidentifiable” (identity unknown or not establishable “after all available methods have been exhausted”) and “unclaimed,” and provides that such remains “may be cremated thirty days from the date of death or date of discovery.” Burial becomes discretionary. The rule on releasing unclaimed veterans’ remains is kept as (C). The section does not cross-reference the DNA steps for unidentified bodies in 17-5-570(B) and 23-3-635, which tie retention at MUSC to 30 days after SLED enters the profile; how the two timelines interact is not stated.

  For practitioners: Cremation ends any chance of resampling; in a case with unidentified remains, confirm a DNA profile was taken and entered before the 30 days ran.

  H 4188 2026 acts list

Pending bills

Checked and unchanged