South Carolina General Assembly
125th Session, 2023-2024

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H. 3386


General Bill
Sponsors: Rep. Rutherford
Document Path: LC-0104CM23.docx

Introduced in the House on January 10, 2023
Currently residing in the House Committee on Judiciary

Summary: Test for marijuana may not be performed during urinalysis or blood test on probationer


Date Body Action Description with journal page number
12/8/2022 House Prefiled
12/8/2022 House Referred to Committee on Judiciary
1/10/2023 House Introduced and read first time (House Journal-page 154)
1/10/2023 House Referred to Committee on Judiciary (House Journal-page 154)

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A bill

to amend the South Carolina Code of Laws by amending Section 24-21-430, relating to Conditions of probation, so as to PROVIDE TESTs FOR THE PRESENCE OF MARIJUANA MAY NOT BE PERFORMED DURING a URINALYSIS OR BLOOD TESTs PERFORMED ON PROBATIONERS.

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

SECTION 1.   The fourth unnumbered paragraph of Section 24-21-430 of the S.C. Code is amended to read:

   The probationer shall:

      (1) refrain from the violations of any state or federal penal laws;

      (2) avoid injurious or vicious habits;

      (3) avoid persons or places of disreputable or harmful character;

      (4) permit the probation agent to visit at his home or elsewhere;

      (5) work faithfully at suitable employment as far as possible;

      (6) pay a fine in one or several sums as directed by the court;

      (7) perform public service work as directed by the court;

      (8) submit to a urinalysis, or a blood test, or both upon request of the probation agent. However, a test for the presence of marijuana may not be performed during a urinalysis or blood test;

      (9) submit to curfew restrictions;

      (10) submit to house arrest which is confinement in a residence for a period of twenty-four hours a day, with only those exceptions as the court may expressly grant in its discretion;

      (11) submit to intensive surveillance which may include surveillance by electronic means;

      (12) support his dependents; and

      (13) follow the probation agent's instructions and advice regarding recreational and social activities.

SECTION 2.   This act takes effect upon approval by the Governor.


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