Committee Report

February 21, 2024

 

S. 954

 

Introduced by Senators Hembree and Senn

 

S. Printed 02/21/24--S.                                                                          [SEC 2/23/2024 2:16 PM]

Read the first time January 11, 2024

 

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The committee on Senate Judiciary

To whom was referred a Bill (S. 954) to amend the South Carolina Code of Laws by adding Section 17-13-142 so as to authorize a law enforcement officer, a Circuit Solicitor, or the Attorney General to, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

 

    Amend the bill, as and if amended, SECTION 1, Section 17-13-142, by adding a subsection to read:

    (I) Nothing herein expands the obligations of electronic communications service providers.

 

Renumber sections to conform.

Amend title to conform.

 

LUKE RANKIN for Committee.

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill allows law enforcement officers, a Circuit Solicitor, or the AG to require the disclose of stored communications, as well as related transaction records and subscriber information, to the extent provided by federal law. The AG, a Circuit Solicitor, or SLED are authorized to issue subpoenas to compel disclosure of these communications upon showing that the requested material is relevant to an ongoing criminal investigation.

 

Judicial. Judicial indicates that caseloads in general sessions and summary courts may be impacted by this bill, and judges and staff will need to undergo training in order to comply with this bill. However, Judicial indicates this bill will have no expenditure impact as the responsibilities of this bill and any additional expenses can be managed within existing appropriations. Therefore, this bill will have no expenditure impact for Judicial. 

 

Commission on Prosecution Coordination. Prosecution indicates there will be no fiscal impact for the Commission, as it expects to handle the responsibilities of this bill within existing appropriations. Therefore, this bill will have no expenditure impact for Prosecution.

 

Attorney General. The AG indicates that there will be no fiscal impact for the Office, as any potential cost due to this bill are expected to be handled with existing staff within existing appropriations. Therefore, this bill will have no expenditure impact for the AG. 

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 17-13-142 SO AS TO AUTHORIZE A LAW ENFORCEMENT OFFICER, A CIRCUIT SOLICITOR, OR THE ATTORNEY GENERAL TO REQUIRE THE DISCLOSURE OF ELECTRONIC COMMUNICATIONS AND OTHER RELATED RECORDS BY A PROVIDER OF AN ELECTRONIC COMMUNICATION SERVICE OR REMOTE COMPUTING SERVICE UNDER CERTAIN CIRCUMSTANCES.

 

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

 

SECTION 1.  Chapter 13, Title 17 of the S.C. Code is amended by adding:

 

    Section 17-13-142. (A) A law enforcement officer, circuit solicitor, or the Attorney General may require the disclosure of stored wire, digital, or electronic communications, as well as transactional records and subscriber information pertaining to them, to the extent and under the procedures and conditions provided for by federal law.

    (B) A provider of electronic communication service or remote computing service shall provide subscriber information as well as the contents of, and transactional records pertaining to, wire, digital, or electronic communications in its possession or reasonably accessible when a requesting law enforcement officer, a circuit solicitor, or the Attorney General complies with the provisions for access pursuant to federal law.

    (C) This section specifically authorizes a court of competent jurisdiction in this State, as defined by 18 U.S.C. Section 2711, to issue appropriate orders pursuant to the requirements and procedures of 18 U.S.C. Section 2703(d) for production of stored wire, digital, or electronic transactional records or subscriber information. These orders have statewide application and application to the extent provided by federal law.

    (D) This section specifically authorizes a court of competent jurisdiction in this State, as defined by 18 U.S.C. Section 2711, to issue search warrants pursuant to the procedures established by Section 17-13-140, notwithstanding any jurisdictional limitations contained in that section, for production of stored wire, digital, or electronic communications and transactional records pertaining to them. Search warrants have statewide application and application to the extent provided by federal law.

    (E) This section specifically authorizes the Attorney General, circuit solicitor, or the State Law Enforcement Division to issue a subpoena to compel disclosure or production of any stored electronic records pertaining to a subscriber or customer pursuant to 18 U.S.C. Section 2703(c)(2), or any successor statute. The subpoena may only be issued upon a showing that the requested material is relevant to an ongoing criminal investigation.

    (F) A South Carolina corporation or business entity that provides electronic communication services or remote computing services to the general public, when served with a valid subpoena, court order, or warrant issued by another state to produce records that could reveal the identity of the customers using those services, data stored by or on behalf of the customer, the customer's usage of those services, the recipient or destination of communications sent to or from those customers, or the content of those communications, shall produce those records as if that warrant had been issued by a court of competent jurisdiction in this State. This provision applies to businesses organized pursuant to the laws of South Carolina, businesses whose domicile or principal place of business is in South Carolina, foreign businesses where the electronic data in question is stored in South Carolina, and foreign corporate entities doing business in the State of South Carolina.

    (G) An intentional violation of this section is punishable as contempt of court. However, a provider of electronic communication service or remote computing service is immune from any civil, criminal, or other proceeding against a communications service provider or its directors, officers, employees, agents, or vendors for providing information in good faith in response to a warrant, court order, or valid subpoena issued pursuant to this section.

    (H) All terms used in this section must be defined consistent with 18 U.S.C. Section 2510, 18 U.S.C. Section 2711, and Section 17-30-15.

 

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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