Committee Report

February 25, 2026

 

H. 4763

 

Introduced by Reps. Oremus, Brittain, W. Newton, Bailey, Bradley, Brewer, Caskey, Crawford, Duncan, Erickson, Forrest, Gagnon, Gatch, Gilliam, Guest, Haddon, Hardee, Hartnett, Hartz, Hewitt, Hiott, Hixon, Holman, J. E. Johnson, Lawson, Ligon, Long, Lowe, Martin, McCravy, C. Mitchell, B. Newton, Pedalino, Pope, Robbins, Sanders, Schuessler, Sessions, G. M. Smith, M. M. Smith, Taylor, Teeple, Vaughan, Whitmire, Willis, Wooten, Yow, Terribile, White, Lastinger, Wickensimer, Atkinson and Chapman

 

S. Printed 2/25/26--H.                                                                         [SEC 2/26/2026 11:11 AM]

Read the first time January 13, 2026

 

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The committee on House Judiciary

To whom was referred a Bill (H. 4763) to amend the South Carolina Code of Laws so as to enact the "Helping Alleviate Lawful Obstruction (HALO) Act"; and by adding Section 16-3-1092 so as to define the, 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 creates the Helping Alleviate Lawful Obstruction (HALO) Act, which makes it unlawful for a person to knowingly and willfully approach, impede, cause harm to, or harass a first responder or emergency medical care provider engaged in the performance of his official duties after the offender receives a verbal warning. This offense is a misdemeanor punishable by a fine of not more than $500 and imprisonment for not more than 60 days.

This bill may increase the number of cases heard in general sessions courts and may therefore increase the workloads for Judicial, the Commission on Prosecution Coordination, and the Commission on Indigent Defense. However, as this is a new offense, there are no data to estimate the number of additional cases that may be heard by the courts. Additionally, the potential increase in expenses for each agency will depend upon the increase in the number of cases. Judicial anticipates that the potential impact of the caseload in court can be managed within existing appropriations. However, Judicial and these agencies indicate that if this bill results in a significant increase in the workload, then an increase in General Fund appropriations may be requested.

State Revenue

This bill may result in a change in the fines and fees collected in court due to the new offense established by this bill. 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

RFA surveyed South Carolina counties and MASC as to the potential fiscal impact of the bill and received responses from Charleston County, Dorchester County, Florence County, Horry County, and MASC. MASC reports that since the penalties associated with the newly created offense exceed the threshold of eligibility for municipal court, the bill will have no expenditure impact on municipalities. Both Florence County and Horry County report that implementation of the bill will result in no expenditure impact. Charleston County and Dorchester County anticipate this bill may result in an undetermined local expenditure impact, depending upon the increase in the workload for local law enforcement and jails.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT THE "HELPING ALLEVIATE LAWFUL OBSTRUCTION (HALO) ACT"; AND BY ADDING SECTION 16-3-1092 SO AS TO DEFINE THE TERMS "EMERGENCY MEDICAL CARE PROVIDER", "FIRST RESPONDER", AND "HARASS", TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO APPROACH, IMPEDE, CAUSE HARM TO, OR HARASS A FIRST RESPONDER or emergency medical care provider AFTER RECEIVING A VERBAL WARNING, AND TO PROVIDE A PENALTY.

 

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

 

SECTION 1.  This act may be cited as the "Helping Alleviate Lawful Obstruction (HALO) Act".

 

SECTION 2.  Article 11, Chapter 3, Title 16 of the S.C. Code is amended by adding:

 

    Section 16-3-1092. (A) As used in this section, the term:

       (1) "Emergency medical care provider" means an ambulance driver, emergency medical technician, paramedic, registered nurse, physician, physician assistant, medical director, or any person authorized by an emergency medical service license who is engaged in the performance of his duties. The term also includes physicians, employees, agents, or volunteers of hospitals who are employed, under contract, or otherwise authorized by a hospital to perform duties directly associated with the care and treatment rendered by the hospital's emergency department or its security.

       (2) "First responder" includes a law enforcement officer, a firefighter, and an emergency medical care provider.

       (3) "Harass" means to wilfully engage in a course of conduct directed at a first responder which serves no legitimate purpose and intentionally causes and would cause a reasonable person in his position to suffer substantial mental and emotional distress in that first responder.

    (B) It is unlawful for a person, after receiving a verbal warning not to approach from a person he knows or reasonably should know is a first responder who is engaged in the lawful performance of a legal duty, to knowingly and wilfully violate the warning and approach or remain within twenty-five feet of the first responder with the intent to:

       (1) impede or interfere with the first responder's ability to perform his duties including, but not limited to, obstructing a first responder's movement, distracting a first responder from administering medical care to another, or effectuating a lawful arrest;

       (2) offer or attempt to cause physical harm or injury to a first responder with apparent present ability under circumstances reasonably creating fear of imminent peril; or

       (3) harass the first responder.

    (C) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars and imprisoned not more than sixty days.

 

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

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