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2009-04-10-02

The Supreme Court of South Carolina

RE: Forms Required by the Access to Justice Post-Conviction
DNA Testing Act and Preservation of Evidence Act


ORDER


The above Acts, which are contained in Act No. 413 of 2008, require this Court to promulgate two forms. Accordingly,

IT IS ORDERED that pursuant to S.C. Code Ann. §17-28-40(A) (Supp. 2008), the attached form SCCA DNA 101 entitled “Application for Forensic DNA Testing” is hereby approved for use in the Circuit and Family Courts of South Carolina. This form shall not be accepted for filing in any court until the Access to Justice Post-Conviction DNA Testing Act is implemented. 1

IT IS FURTHER ORDERED that pursuant to S.C. Code Ann. § 17-28-340(B)(1) (Supp. 2008), the attached form SCCA DNA 102 entitled “Petition for an Order Allowing for Disposition of Physical Evidence or Biological Material” is approved for use in the Circuit and Family Courts of South Carolina.

s/Jean H. Toal                                    C.J.

s/John H. Waller, Jr.                           J.

s/Costa M. Pleicones                        J.

s/Donald W. Beatty                            J.

s/John W. Kittredge                           J.

Columbia, South Carolina
April 10, 2009


1  Although the Access to Justice Post-Conviction DNA Testing Act was to be effective January 1, 2009, Section 89.127 of Act No. 414 of 2008, which imposed various budget cuts, provided that “[t]he provisions of the ‘Access to Justice Post-Conviction DNA Testing Act’ (Act 413 of 2008) are not required to be implemented until such time as general funds are appropriated or federal or other funds are received to begin implementation of the act.”