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, 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 a person to any relief from conviction or adjudication but does not prohibit a person from presenting this information at a subsequent hearing or trial.
S.C. Code Ann. § 17-28-360
Failure to preserve; cause of action against responsible entity; right to release
Known as the Preservation of Evidence Act
The act spans §§ 17–17 (7 sections).
2008 Act No. 413, SECTION 2, eff January 1, 2009.
Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.