2025-2026 Bill 183 Text of Previous Version (Mar. 11, 2026)

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A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 16-3-80 SO AS TO CREATE THE OFFENSE OF DRUG-INDUCED HOMICIDE AND TO PROVIDE A PENALTY; AND TO AMEND SECTION 16-1-10, RELATING TO THE EXEMPTION FROM THE CATEGORIZATION OF FELONIES AND MISDEMEANORS, SO AS TO INCLUDE DRUG-INDUCED HOMICIDE.

Amend Title To Conform

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

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

Section 16-3-65. Drug-induced homicide.

SECTION 2. Chapter 3, Title 16 of the S.C. Code is amended by adding:

Section 16-3-65. (A) A person who knowingly sells, manufactures, cultivates, delivers, purchases or brings into this State, or who provides financial assistance for the purpose of unlawful drug activity or otherwise directs the sale, manufacture, cultivation, delivery, or purchase of a controlled substance in violation of the provisions of Section 44-53-370 or 44-53-375 commits the felony offense of drug-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 controlled substance.

(B) A person convicted of drug-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 a controlled substance along with a consenting person, which is the proximate cause of the death of the consenting person, shall not be prosecuted under this section.

SECTION 3. Chapter 1, Title 15 of the S.C. Code is amended by adding:

Section 15-1-315. Any person, who in good faith gratuitously renders emergency care at the scene of a drug overdose to the victim thereof, shall not be liable for any civil damages for any personal injury as a result of any act or omission by such person in rendering the care or as a result of any act or failure to act to provide or arrange for further medical treatment or care for the person experiencing an overdose, except acts or omissions amounting to gross negligence or wilful or wanton misconduct.

SECTION 4. Section 44-53-1920 of the S.C. Code is amended to read:

Section 44-53-1920. (A) A person who seeks medical assistance for another person who appears to be experiencing a drug or alcohol-related overdose may not be prosecuted for any of the offenses listed in subsection (B), if the evidence for prosecution was obtained as a result of the person seeking medical assistance for the apparent overdose on the premises or immediately after seeking medical assistance and the person:

(1) acted in good faith when seeking medical assistance, upon a reasonable belief that he was the first person to call for assistance;

(2) provided his own name to the 911 system or to a law enforcement officer upon arrival; and

(3) did not seek medical assistance during the course of the execution of an arrest warrant, search warrant, or other lawful search.

(B) A person who seeks medical assistance for another person in accordance with the requirements of subsection (A) may not be prosecuted for:

(1) dispensing or delivering a controlled substance in violation of Section 44-53-370(a), when the controlled substance is dispensed or delivered directly to the person who appears to be experiencing a drug-related overdose;

(2) possessing a controlled substance in violation of Section 44-53-370(c);

(3) possessing less than one gram of methamphetamine or cocaine base in violation of Section 44-53-375(A);

(4) dispensing or delivering methamphetamine or cocaine base in violation of Section 44-53-375(B), when the methamphetamine or cocaine base is dispensed or delivered directly to the person who appears to be experiencing a drug-related overdose;

(5) possessing paraphernalia in violation of Section 44-53-391;

(6) selling or delivering paraphernalia in violation of Section 44-53-391, when the sale or delivery is to the person who appears to be experiencing a drug-related overdose;

(7) purchasing, attempting to purchase, consuming, or knowingly possessing alcoholic beverages in violation of Section 63-19-2440;

(8) transferring or giving to a person under the age of twenty-one years for consumption beer or wine in violation of Section 61-4-90; or

(9) contributing to the delinquency of a minor in violation of Section 16-17-490.; or

(10) drug-induced homicide in violation of Section 16-3-65.

(C) If the person seeking medical assistance pursuant to this section previously has sought medical assistance for another person pursuant to this article, the court may consider the circumstances of the prior incidents and the related offenses to determine whether to grant the person immunity from prosecution.

(D) A person described in this section must use his or her own name when contacting authorities, fully cooperate with law enforcement and medical personnel, and must remain with the individual needing medical assistance until help arrives.

SECTION 5. 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 6. This act takes effect upon approval by the Governor.

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