2025-2026 Bill 399 Text of Previous Version (May. 06, 2025)

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

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 16-11-635 SO AS TO PROVIDE THAT A PERSON WHO, WITHOUT LEGAL CAUSE OR GOOD EXCUSE, ENTERS A TRANSPORTATION FACILITY, INCLUDING ANY PUBLIC TRANSPORTATION AND ANY PUBLIC TRANSPORTATION SYSTEM, AFTER HAVING BEEN WARNED NOT TO DO SO BY THE TRANSIT DIRECTOR OR HIS DESIGNEE, IS GUILTY OF A MISDEMEANOR TRIABLE IN A MUNICIPAL OR MAGISTRATES COURT, TO PROVIDE PROCEDURES FOR A WRITTEN WARNING AND FOR APPEALING THE WARNING, AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION MUST BE CONSTRUED AS IN ADDITION TO, AND NOT AS SUPERSEDING, ANOTHER STATUTE RELATING TO TRESPASS OR UNLAWFUL ENTRY ON LANDS OF ANOTHER.

Amend Title To Conform

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

SECTION 1. Chapter 11, Title 16 of the S.C. Code is amended by adding:

Section 16-11-635. (A)(1) A person who enters a transportation facility, including any public transportation and any public transportation system, as defined in Section 58-25-20, is prohibited from committing any acts designated in Section 58-23-1830 or committing a criminal offense. The transportation facility shall post in writing the prohibited conduct designated in Section 58-23-1830.

(2) The transit director, the transit director's designee, the transit supervisor, or the transit supervisor's designee, is authorized to request a person, who commits any of the acts described in Section 58-23-1830 or commits a criminal offense, to leave the transportation facility, as well as any public transportation and any public transportation system, and provide warning that the person is prohibited from returning for a specific duration of time.

(3) A copy of the warning notice provided for by this section must be given to the person, in writing, in the presence of a law enforcement officer. When issued, unless otherwise specifically limited in scope, the warning notice shall apply to all transportation facilities of the transit authority, including all public transportation and all public transportation systems governed by the transit authority. The warning notice must state:

(a) the alleged criminal law violation or the alleged violation of the transit authority's code of conduct promulgated by the board of the transit authority under the authority provided by Section 4-37-20;

(b) the duration of the prohibition to return; and

(4) To appeal a warning notice of trespass, a person must submit a request for a hearing to the board of the transit authority within five business days of receiving the warning notice. The board of the transit authority must then provide a hearing within ten business days of the request for an appeal.

(5) A person who enters without legal cause or good excuse, after having been warned not to do so by the transit director, the transit director's designee, the transit supervisor, or the transit supervisor's designee, during the duration of time the person is prohibited from entering the transportation facility, including any public transportation and any public transportation system, is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or be imprisoned not more than thirty days.

(B) A violation of the provisions of this section is triable in the municipal or magistrates court with jurisdiction over the offense. Any law enforcement officer of this State or a subdivision of this State may enforce the provisions of this section within their respective jurisdictions.

(C) The provisions of this section must be construed as in addition to, and not as superseding, another statute relating to trespass or unlawful entry on lands of another.

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

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