South Carolina General Assembly
126th Session, 2025-2026

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S. 74

STATUS INFORMATION

General Bill
Sponsors: Senators Hembree, Leber, Elliott, Garrett, Ott, Kimbrell, Graham, Zell, Kennedy and Climer
Document Path: SEDU-0008DB25.docx

Introduced in the Senate on January 14, 2025
Introduced in the House on February 13, 2025
Last Amended on May 6, 2025
Currently residing in the House

Summary: Electronic Records

HISTORY OF LEGISLATIVE ACTIONS

Date Body Action Description with journal page number
12/11/2024 Senate Prefiled
12/11/2024 Senate Referred to Committee on Judiciary
1/14/2025 Senate Introduced and read first time (Senate Journal-page 60)
1/14/2025 Senate Referred to Committee on Judiciary (Senate Journal-page 60)
2/5/2025 Senate Committee report: Favorable Judiciary (Senate Journal-page 48)
2/11/2025 Senate Read second time (Senate Journal-page 18)
2/11/2025 Senate Roll call Ayes-40 Nays-0 (Senate Journal-page 18)
2/12/2025 Senate Read third time and sent to House (Senate Journal-page 7)
2/13/2025 House Introduced and read first time (House Journal-page 48)
2/13/2025 House Referred to Committee on Judiciary (House Journal-page 48)
3/20/2025 House Committee report: Favorable with amendment Judiciary (House Journal-page 9)
3/26/2025 House Requests for debate-Rep(s). B Newton, Jordan, Ligon, BL Cox, Martin, Gibson, Lawson, Guffey, Holman, Guest, Mitchell (House Journal-page 27)
3/27/2025 House Debate adjourned (House Journal-page 35)
4/9/2025 House Debate adjourned until Thur., 4-10-25 (House Journal-page 63)
4/10/2025 House Debate adjourned (House Journal-page 45)
4/23/2025 House Amended (House Journal-page 28)
4/23/2025 House Read second time (House Journal-page 28)
4/23/2025 House Roll call Yeas-105 Nays-0 (House Journal-page 33)
4/24/2025 House Read third time and returned to Senate with amendments (House Journal-page 74)
4/24/2025 Scrivener's error corrected
5/6/2025 Senate House amendment amended (Senate Journal-page 80)
5/6/2025 Senate Returned to House with amendments (Senate Journal-page 80)
5/6/2025 Senate Roll call Ayes-45 Nays-0
5/8/2025 House Concurred in Senate amendment and enrolled (House Journal-page 115)
5/8/2025 House Roll call Yeas-108 Nays-0 (House Journal-page 116)
5/20/2025 Ratified R 84

View the latest legislative information at the website

VERSIONS OF THIS BILL

12/11/2024
1/27/2025
1/27/2025-A
2/5/2025
3/20/2025
4/23/2025
4/24/2025
5/6/2025


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

(R84, S74)

AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 17-13-142 SO AS TO AUTHORIZE A COURT OF COMPETENT JURISDICTION TO ISSUE ORDERS AND WARRANTS FOR CERTAIN ELECTRONIC COMMUNICATIONS, AND TO AUTHORIZE THE ATTORNEY GENERAL TO ISSUE A SUBPOENA FOR THE PRODUCTION OF CERTAIN STORED SUBSCRIBER OR CUSTOMER INFORMATION RELEVANT AND MATERIAL TO AN ONGOING INVESTIGATION BY THE INTERNET CRIMES AGAINST CHILDREN TASK FORCE.

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

Warrants and subpoenas, certain electronic records

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

Section 17-13-142.    (A) 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.

(B) 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 to the extent provided by federal law.

(C) The Attorney General may issue a subpoena to an electronic communication service or remote computing service to compel disclosure or production of any stored subscriber or customer information pursuant to 18 U.S.C. Section 2703(c)(2). A subpoena may only be issued under the authority provided for in this section and must demonstrate specific and articulable facts that there are reasonable grounds to believe the information is relevant and material to an ongoing criminal investigation conducted by the Internet Crimes Against Children Task Force of the Attorney General's Office. Subpoenas may not be issued under this section to the extent the subpoena is authorized under other federal or state statutes.

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

Savings clause

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.

Time effective

SECTION 3.    This act takes effect upon approval by the Governor.

Ratified the 20th day of May, 2025.

______________________________________________________________________

President of the Senate

_____________________________________________________________________

Speaker of the House of Representatives

Approved the _____________ day of _________________________________________2025.

____________________________________________________________________

Governor

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This web page was last updated on May 20, 2025 at 12:33 PM