A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT THE "HELP FIND MISSING AMERICANS ACT" BY ADDING SECTION 23-3-350 SO AS TO ESTABLISH WHEN WIRELESS SERVICE PROVIDERS MUST PROVIDE CERTAIN INFORMATION TO ACCOUNT HOLDERS IN CASES INVOLVING MISSING PERSONS, TO ESTABLISH REQUIREMENTS FOR THE RELEASE OF INFORMATION, TO CREATE CRIMINAL PENALTIES FOR KNOWING AND WILFUL VIOLATIONS, AND TO PROHIBIT LAWSUITS AGAINST WIRELESS SERVICE PROVIDERS ACTING IN GOOD FAITH; AND TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO PROVIDE RECOMMENDATIONS TO THE GENERAL ASSEMBLY REGARDING WAYS TO AID LAW ENFORCEMENT IN MISSING PERSONS CASES.

 

Whereas, in September 2025, the National Missing and Unidentified Persons System reported there were 25,623 active missing persons cases in the United States; and

 

Whereas, the General Assembly acknowledges that each of these cases represents an individual for whom the disappearance profoundly affects his family, friends, and community, including citizens of this State; and

 

Whereas, telecommunication devices play a critical role in providing time-sensitive information in a missing person case; and

 

Whereas, each piece of information and all available resources regarding a missing person case should be accessed as expeditiously as possible. Now, therefore,

 

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

 

SECTION 1.  This act may be cited as the "Help Find Missing Americans Act."

 

SECTION 2.  Article 5, Chapter 3, Title 23 of the S.C. Code is amended by adding:

 

    Section 23-3-350.  (A)(1) After filing a missing person report, an individual who is the named account holder of a telecommunications device used by the missing child or missing person may submit a written request to the wireless service provider to access information for the missing child's or missing person's telecommunications device in accordance with the provisions of this section. Information that may be requested regarding the missing child's or missing person's telecommunications device shall be limited to:

           (a) location information;

           (b) phone numbers to which calls were made or received, and

           (c) the amount of wireless data used.

This information shall be limited to no more than twelve hours immediately preceding the time of the disappearance of the missing child or missing person, as indicated in the missing person report, through the date of the request, unless otherwise requested by the law enforcement agency with jurisdiction for the missing person report.

       (2) In addition to the written request described in item (1), the account holder must provide a copy of the missing person report and contact information for the law enforcement agency which generated the missing person report.

    (B) Upon receipt of a completed written request as described in subsection (A), the wireless service provider must verify: (1) that the requestor is the account holder; and (2) that there is an active missing person report that involves the telecommunications device for which information has been requested. Following this verification, and unless law enforcement requests that the information not be released to the account holder, the wireless service provider must provide the requested information to the account holder as well as the law enforcement agency with whom the missing person report is pending. This information must be provided within a reasonable time period but no later than thirty days after receipt of the request.

    (C) The wireless service provider must retain detailed records for all requests for information pursuant to this section, including responses, for three years from the date of the request.

    (D) Information disclosed pursuant to this article shall solely be used for investigative purposes directly related to the missing person case. Any person who knowingly and wilfully violates the provisions of this section shall be guilty of a misdemeanor and shall:

       (1) for a first offense, be fined not less than five hundred dollars nor more than one thousand dollars, imprisoned not less than thirty days nor more than ninety days, or both;

       (2) for a second or subsequent offense, be fined not less than one thousand dollars nor more than three thousand dollars, imprisoned not less than ninety days nor more than two years, or both.

    (E) A civil or criminal action may not be brought in court against a wireless service provider for providing the requested information if acting in good faith and under this section.

 

SECTION 3.  No later than January 1, 2027, the State Law Enforcement Division shall provide recommendations to the General Assembly regarding ways to aid law enforcement in missing person cases.

 

SECTION 4.  If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

 

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

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