July 27, 1982
|TO:||All Magistrates and Municipal Judges
|FROM:||George A. Markert, Assistant Director
|RE:||Rule 6, South Carolina Rules of Criminal Procedure|
The S.C. Supreme Court adopted Rule 98 on December 9, 1981. (3) This Rule for Chemical Analysis and Chain of Custody became effective on January 8, 1982, and is applicable in proceedings before magistrates and municipal judges.
The reports described in this Rule would have been admissible at a preliminary examination at the judge's discretion, before the adoption of the Rule, since heresay may be admitted at the examination. State v. Conyers, 268 S.C. 276, 233 S.E.2d 95 (1977). The new Rule, however, allows the admissibility of such evidence at trial, provided the requirements of the Rule are met. Guidelines are also set out for requirements of the Rule are met. Guidelines are also set out for requiring the presence at trial of the chemist, analyst, or person within the chain of custody, upon proper demand and notice.
3. Circuit Court Rule 98 has been re-numbered as Rule 6, S.C. Rules of Criminal Procedure (SCRCrimP).