S 74

South Carolina General Assembly
126th Session, 2025-2026
Bill 74
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
Indicates Matter
Stricken
Indicates New Matter
House Amendments Amended Returned To House
May 6, 2025
S. 74
Introduced by Senators Hembree, Leber, Elliott,
Garrett, Ott, Kimbrell, Graham, Zell, Kennedy and Climer
S. Printed 5/6/25--S.
Read the first time January 14, 2025
________
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION
17-13-142 SO AS TO AUTHORIZE A LAW ENFORCEMENT OFFICER, A CIRCUIT SOLICITOR, OR
THE ATTORNEY GENERAL TO REQUIRE THE DISCLOSURE OF ELECTRONIC COMMUNICATIONS AND
OTHER RELATED RECORDS BY A PROVIDER OF AN ELECTRONIC COMMUNICATION SERVICE OR
REMOTE COMPUTING SERVICE UNDER CERTAIN CIRCUMSTANCES.
    Amend Title To Conform
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  Chapter 13, Title 17 of the S.C. Code is amended by
adding:
    Section
17-13-142. (A) This section
specifically authorizes a court of competent jurisdiction in this State, as
defined by 18 U.S.C. Section 2711, to issue appropriate orders pursuant to the
requirements and procedures of 18 U.S.C. Section 2703(d) for production of
stored wire, digital, or electronic transactional records or subscriber
information. These orders have statewide application and application to the
extent provided by federal law.
    (B)
This section specifically authorizes a court of competent jurisdiction in this
State, as defined by 18 U.S.C. Section 2711, to issue search warrants pursuant
to the procedures established by Section 17-13-140, notwithstanding any
jurisdictional limitations contained in that section, for production of stored
wire, digital, or electronic communications and transactional records
pertaining to them. Search warrants have statewide application to the extent
provided by federal law.
    (C)
The Attorney General may issue a subpoena to an electronic communication
service or remote computing service to compel disclosure or production of any
stored subscriber or customer information pursuant to 18 U.S.C. Section
2703(c)(2). A subpoena may only be issued under the authority provided for in
this section and must demonstrate specific and articulable facts that there are
reasonable grounds to believe the information is relevant and material to an
ongoing criminal investigation conducted by the Internet Crimes Against
Children Task Force of the Attorney General's Office. Subpoenas may not be
issued under this section to the extent the subpoena is authorized under other
federal or state statutes.
    (D)
Nothing herein expands the obligations of electronic communications service
providers.
SECTION 2.  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 3.  This act takes effect upon approval
by the Governor.
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This web page was last updated on May 06, 2025 at 06:56 PM