South Carolina General Assembly
126th Session, 2025-2026

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R87, S156

STATUS INFORMATION

General Bill
Sponsors: Senators Alexander, Rankin, Garrett, Stubbs, Adams, Bennett, Kimbrell, Young, Turner, Peeler and Walker
Document Path: SR-0151KM25.docx

Introduced in the Senate on January 14, 2025
Introduced in the House on March 4, 2025
Last Amended on May 8, 2025
Currently residing in the Senate
Governor's Action: May 22, 2025, Signed

Summary: Fentanyl Induced Homicide

HISTORY OF LEGISLATIVE ACTIONS

Date Body Action Description with journal page number
1/14/2025 Senate Introduced and read first time
1/14/2025 Senate Referred to Committee on Judiciary
1/14/2025 Senate Introduced and read first time (Senate Journal-page 101)
1/14/2025 Senate Referred to Committee on Judiciary (Senate Journal-page 101)
2/7/2025 Senate Referred to Subcommittee: Adams (ch), Tedder, Fernandez, Kennedy, Sutton
2/19/2025 Senate Committee report: Favorable Judiciary (Senate Journal-page 11)
2/25/2025 Senate Amended (Senate Journal-page 20)
2/25/2025 Senate Read second time (Senate Journal-page 20)
2/25/2025 Senate Roll call Ayes-43 Nays-0 (Senate Journal-page 20)
2/26/2025 Senate Read third time and sent to House (Senate Journal-page 20)
3/4/2025 House Introduced and read first time (House Journal-page 12)
3/4/2025 House Referred to Committee on Judiciary (House Journal-page 12)
3/5/2025 Scrivener's error corrected
3/26/2025 House Committee report: Favorable with amendment Judiciary (House Journal-page 3)
3/27/2025 House Requests for debate-Rep(s). B Newton, Guest, Weeks, Jordan, Spann-Wilder, Garvin, Hosey, Williams, Martin, King (House Journal-page 31)
4/9/2025 House Amended (House Journal-page 69)
4/9/2025 House Read second time (House Journal-page 69)
4/9/2025 House Roll call Yeas-96 Nays-0 (House Journal-page 69)
4/10/2025 House Read third time and returned to Senate with amendments (House Journal-page 45)
4/29/2025 Senate Non-concurrence in House amendment
4/29/2025 Senate Roll call Ayes-1 Nays-40
4/30/2025 House House insists upon amendment and conference committee appointed Reps. JE Johnson, Robbins, Rose (House Journal-page 2)
4/30/2025 Senate Conference committee appointed Hembree, Sabb, Adams (Senate Journal-page 17)
5/8/2025 House Free conference powers granted (House Journal-page 121)
5/8/2025 House Roll call Yeas-101 Nays-7 (House Journal-page 121)
5/8/2025 House Free conference committee appointed JE Johnson, Robbins, Rose
5/8/2025 House Free conference report adopted (House Journal-page 124)
5/8/2025 House Roll call Yeas-92 Nays-14 (House Journal-page 127)
5/8/2025 Senate Free conference powers granted (Senate Journal-page 55)
5/8/2025 Senate Free conference committee appointed Hembree, Sabb, Adams (Senate Journal-page 55)
5/8/2025 Senate Free conference report adopted (Senate Journal-page 55)
5/8/2025 Senate Ordered enrolled for ratification (Senate Journal-page 59)
5/20/2025 Ratified R 87
5/22/2025 Signed By Governor

View the latest legislative information at the website

VERSIONS OF THIS BILL

01/14/2025
02/19/2025
02/25/2025
03/05/2025
03/26/2025
03/26/2025-A
04/09/2025
05/08/2025

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

NOTE: THIS IS A TEMPORARY VERSION. THIS DOCUMENT WILL REMAIN IN THIS VERSION UNTIL FINAL APPROVAL BY THE LEGISLATIVE COUNCIL.

(R87, S156)

AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 16-3-80 SO AS TO CREATE THE OFFENSE OF FENTANYL-INDUCED HOMICIDE, TO PROVIDE A PENALTY FOR VIOLATIONS, TO PROHIBIT AN AFFIRMATIVE DEFENSE, AND TO PROVIDE CIRCUMSTANCES UNDER WHICH PERSONS SHALL NOT BE PROSECUTED UNDER THIS SECTION; AND BY AMENDING SECTION 16-1-10, RELATING TO A LIST OF EXCEPTIONS FOR FELONIES AND MISDEMEANORS, SO AS TO ADD FENTANYL-INDUCED HOMICIDE.

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

Fentanyl-induced homicide

SECTION 1.    Article 1, Chapter 3, Title 16 of the S.C. Code is amended by adding:

Section 16-3-80.    (A) A person who knowingly and unlawfully delivers, dispenses, or otherwise provides fentanyl or a fentanyl-related substance as defined in Section 44-53-190(B) and Section 44-53-210(c)(6) to another person, in violation of the provisions of Section 44-53-370, commits the felony offense of fentanyl-induced homicide if the proximate cause of the death of any other person is the injection, inhalation, absorption, or ingestion of any amount of the fentanyl or fentanyl-related substance that was unlawfully delivered, dispensed, or otherwise provided.

(B) A person convicted of a fentanyl-induced homicide pursuant to the provisions of this section must be imprisoned not more than thirty years.

(C) It is not a defense pursuant to this section that a decedent contributed to his own death by his purposeful, knowing, reckless, or negligent injection, inhalation, absorption, or ingestion of the controlled substance or by his consenting to the administration of the controlled substance by another person, unless there exists clear and convincing evidence that the decedent intended to commit suicide. This section does not prohibit a person from being arrested, charged, or prosecuted for any other applicable offense, whether or not the offense arises from the same circumstances as provided in this section.

(D) A person who knowingly injects, inhales, absorbs, or ingests any amount of fentanyl along with another consenting person, which is the proximate cause of the death of the consenting person, shall not be prosecuted under this section.

Felony classification

SECTION 2.    Section 16-1-10(D) of the S.C. Code is amended by adding a new offense to read:

Section 16-3-80. Fentanyl-induced homicide

Savings clause

SECTION 3.    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.

Time effective

SECTION 4.    This act takes effect upon approval by the Governor.

Ratified the 20th day of May, 2025.

Approved the 22nd day of May, 2025. -- S.

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This web page was last updated on May 23, 2025 at 12:07 PM