Committee Report

May 6, 2026

 

S. 399

 

Introduced by Senators Elliott, Hembree, Reichenbach and Walker

 

S. Printed 5/6/26--H.

Read the first time May 8, 2025

 

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The committee on House Judiciary

To whom was referred a Bill (S. 399) 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, etc., respectfully

Report:

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

 

W. NEWTON for Committee.

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill specifies that a person who enters a transportation facility without legal cause or good excuse, after having been warned not to do so by the transit director, transit supervisor, or the designee of the transit director or transit supervisor, is guilty of a misdemeanor.  Upon conviction, the person must be fined not more than $200 or be imprisoned not more than thirty days.  A violation is triable in the appropriate municipal or magistrates court with jurisdiction over the offense.

This bill may result in an increase in the caseload in municipal and magistrates courts.  Judicial provides support to these courts.  Judicial anticipates that the potential increase in caseload can be managed within existing appropriations.  However, Judicial indicates that if this bill results in a significant increase in the workload, then an increase in General Fund appropriations may be requested.

The fiscal impact of the bill on DOT is pending, contingent upon a response from the agency.

 

State Revenue

This bill specifies that a person who enters a transportation facility without legal cause or good excuse, after having been warned not to do so is guilty of a misdemeanor and upon conviction must be fined not more than $200 or be imprisoned not more than thirty days.  Court fines and fees are distributed to the General Fund, Other Funds, and local funds.  Therefore, RFA anticipates this bill may result in a change to General Fund and Other Funds revenue due to the change in fines and fees collections in court.

 

Local Expenditure

This bill creates the penalties for entering a transportation facility without legal cause or good excuse, after having been warned not to do so by the transit director, transit supervisor, or the designee of the transit director or transit supervisor.

RFA surveyed all counties and the MASC to determine the fiscal impact on local governments.  Florence County indicates that it does not anticipate an expenditure impact to either the Florence County Clerk's Office or the Florence County Sheriff's Office.  Additionally, MASC reports that there are currently twenty-six public transit providers, five of which are municipally-operated systems.  These five public transit providers will need to update their policies and procedures to reflect the provisions of the bill.  However, the MASC indicates that the costs will be minimal.  Therefore, based on these responses, we anticipate that local governments can implement the provisions of the bill with existing resources.

This bill may result in an increase in the number of municipal and magistrates court cases and potentially the number of incarcerations, which may increase the workload of the court system and local jails.  The potential increase in expenses will depend upon the increase in the number of cases and number of incarcerations.

 

 

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 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.

 

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

           (c) the procedure by which the person may appeal the warning notice to the board of the transit authority.

       (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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