South Carolina S 202: Wilful destruction of evidence

Bill Text

2025-2026 Bill 202 Text of Previous Version (Jan. 15, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 202

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING 
SECTION 17-28-350, RELATING TO WILFUL DESTRUCTION OF EVIDENCE, SO AS TO PROVIDE 
AN ENHANCED PENALTY WHEN A DEATH IS THE RESULT OF A DRUG OVERDOSE.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Section 17-28-350 of the S.C. Code is amended to read:

 Section 
17-28-350. (A) A person who wilfully and maliciously buries, destroys, alters, conceals, or tampers with 
physical evidence or biological material that is required to be preserved 
pursuant to this article with the intent to impair the integrity of the 
physical evidence or biological material, prevent the physical evidence or 
biological material from being subjected to DNA testing, or prevent the 
production or use of the physical evidence or biological material in an 
official proceeding, is guilty of a misdemeanor and, upon conviction, must be 
fined not more than one thousand dollars for a first offense, and not more than 
five thousand dollars or imprisoned for not more than one year, or both, for 
each subsequent violation.

 (B) A person who violates the 
provisions of subsection (A), and a death results from a drug overdose, is 
guilty of a misdemeanor and, upon conviction, must be fined not more than seven 
thousand five hundred dollars or imprisoned for not more than three years, or 
both.

SECTION 2. The repeal or amendment by this act 
of any law, whether temporary or permanent or civil or criminal, does not affect 
pending actions, rights, duties, or liabilities founded thereon, or alter, 
discharge, release or extinguish any penalty, forfeiture, or liability incurred 
under the repealed or amended law, unless the repealed or amended provision 
shall so expressly provide. After the effective date of this act, all 
laws repealed or amended by this act must be taken and treated as remaining in 
full force and effect for the purpose of sustaining any pending or vested 
right, civil action, special proceeding, criminal prosecution, or appeal 
existing as of the effective date of this act, and for the enforcement of 
rights, duties, penalties, forfeitures, and liabilities as they stood under the 
repealed or amended laws.

SECTION 3. This act takes effect upon approval 
by the Governor.

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This web page was last updated on January 15, 2025 at 01:20 PM