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HALO Act
H. 4763 would create the Helping Alleviate Lawful Obstruction (HALO) Act, which would make it a misdemeanor offense to obstruct a first responder or emergency medical care provider performing their official duties, an SCAC policy position. The first responder or emergency medical care provider must first warn the obstructer to remove themselves at least 25 feet away. This offense would be punishable by a fine of no more than $500 and imprisonment for no more than 60 days.
Status: The Senate this week adopted an amendment striking changes made by the House and restoring language previously passed by the Senate. It adopted additional amendments that add health care workers to the list of workers that may not be interfered with while performing their official duties; replaces the 25-foot distance requirement to “a reasonable distance;” and removes harassment from the list of potential violations. H. 4763 received a second reading and is pending third reading on the Senate calendar.
Tort Reform
H. 4544, as introduced, would amend the definition of “occurrence” to add, “for purposes of this chapter, where multiple acts or omissions constituting negligence occur without a break in the causal chain, and result in substantially the same injury, harm, or damages, such acts or omissions shall be deemed a single occurrence, regardless of whether committed by one or more individuals or entities.”
Status: The House Tort Reform Ad Hoc Committee previously amended the bill to raise the existing caps on damages found in the Tort Claims Act from $300,000 to $600,000 per individual arising from a single occurrence and from $600,000 to $1.2 million per occurrence. After receiving a favorable report from the House Judiciary Committee this week, the House debated the bill and adopted the above-mentioned amendment. H. 4544 received a second and third reading, and the bill was sent to the Senate.
DUI Reform
S. 52 would reform the penalties for people convicted of driving under the influence. The bill would create a centralized magistrate court and establish new jury areas within each county. This centralized court would have jurisdiction over all magistrate-level offenses involving alcohol for first and second offense violations of § 56-5-2930 and § 56-5-2933, as well as any other magistrate-level offenses as determined by the circuit solicitor. This also includes these offenses in the jurisdiction of municipal court if the solicitor has informed the court and attorney that they will assume prosecution of first offense violations. The clerk of court would be required to forward the arrest warrant or charging documents for these violations to the judicial circuit solicitor.
Status: A House Judiciary subcommittee met Wednesday and began taking testimony from stakeholders. The subcommittee took no action on the bill but likely will continue meeting and taking up amendments soon.
Interference with Critical Service Workers
S. 808 and H. 5058 would classify the harassment or threat of a worker restoring critical services during a state of emergency (electricity and gas, water and sewer, road and highway repair, telephone or cell, satellite or internet, or other services necessary for home and commercial properties) as a misdemeanor and tampering with an electric utility system or assault or endangerment of a worker restoring critical services as a felony.
Status: The Senate adopted the committee amendment to remove other services necessary for home and commercial properties from the list of critical services and to make tampering with an electric utility system or assault or endangerment of a worker restoring critical services a misdemeanor offense instead of a felony before giving S. 808 second and third readings, sending it to the House. The House Judiciary Committee adjourned debate on H. 5058.
Immigration
H. 4764 would require law enforcement agencies operating correctional facilities to enter into written agreements or memorandums of agreement with federal immigration enforcement agencies to participate in the immigration programs that authorize state and local law enforcement agencies to enforce federal immigration laws within a correctional facility. If the federal government terminates an agreement, a local law enforcement agency would not be found in violation of federal law. The bill also would require the South Carolina Law Enforcement Division to provide a training program for law enforcement agencies that enforce federal immigration laws.
Status: The House Judiciary Committee adopted a subcommittee amendment to provide safe harbor where hardships exist and to provide certain immunity to law enforcement agencies— including counties and county law enforcement operating jails and detention centers—acting within the scope of the agreement while carrying out the provisions of the bill. H. 4764 received a favorable report as amended and is pending second reading on the House calendar.
Police Animals
H. 3034 would enact “Fargo's, Hyco's, Rico's, Coba's, Wick's, and Mikka's Law," relating to harassing, injuring, or killing police dogs or horses, by expanding the conduct that violates these provisions, increasing the penalties, and requiring restitution to the law enforcement agency, a past SCAC policy position.
Status: The House Judiciary Committee amended the bill to increase the penalty from up to five years in jail to up to 15 years and gave the bill a favorable report, as amended. H. 3034 is pending second reading on the House calendar.
Street Takeovers
H. 4292 would make it unlawful to organize, participate, or be a spectator in a deliberate and coordinated blocking of a public street, highway, or parking lot for racing, burnouts, or any other such reckless behavior with vehicles. It also outlines penalties.
Status: The House Judiciary Committee amended the bill to exclude spectators from the penalties and to allow for burnouts if authorized on certain properties before giving H. 4292 a favorable report, as amended. The bill is pending second reading on the House calendar.
Evictions
H. 4270 would require that personal information in filings and records on a defendant—who was subject to eviction or ejection, when the case was resolved by settlement or subsequent payment that satisfied any debt—must be removed from the public records five years after the final disposition if no additional filing is recorded.
Status: The House Judiciary Committee removed the requirement that records be removed if an Order of Eviction or Writ of Ejectment is not filed within 30 days and gave the bill a favorable report, as amended. H. 4270 is pending second reading on the House calendar.
Seizure First Aid Pamphlets
S. 935 would require state agencies, counties, and other political subdivisions to post a pamphlet on rendering seizure first aid to those who have suffered a seizure in the workplace. The Department of Public Health must create this informational pamphlet and post it on its website for use by the above agencies.
Status: The Senate adopted a technical amendment and gave the bill second reading.
Magistrates’ Reform Act
H. 3530 would require magistrate candidates to be reviewed by the Judicial Merit Selection Commission like other judicial candidates and to hold a Juris Doctor degree. The Judiciary Committee adopted an amendment to grandfather in current non-attorney magistrates.
Status: The House recommitted H. 3530 to the Judiciary Committee, likely ending its chances of passing this year.
Master-In-Equity Term in Office
S. 879 would standardize the terms in office for masters-in-equity beginning in 2027. For any new master-in-equity court established after Jan. 1, 2027, the initial term will start July 1, the year the court is created. For existing masters-in-equity, terms will be adjusted to expire on June 30—either in the year it was originally set to end if it was on or before July 1 of that year or if their term was set to end after July 1, the following June 30.
Status: A Senate Judiciary subcommittee gave the bill a favorable report, and it will be on the next full committee’s agenda.
Dog Breeding
S. 720 would enact the “South Carolina Humane Dog Breeding Act” to make a county sheriff or municipal police chief responsible for conducting initial inspections of breeder facilities before a state license can be issued and would allow counties to appoint qualified inspection designees to assist with those duties. The bill also would require sheriffs’ departments to seize dogs from noncompliant breeders and pursue misdemeanor charges, meaning counties would take on added inspection, enforcement, and animal seizure responsibilities, with costs recoverable from violators.
Status: A Senate Agriculture subcommittee met Thursday morning to hear from different stakeholders on the bill. SCAC was prepared to testify to express significant concerns, but the bill was carried over by the subcommittee due to time constraints before SCAC representatives could speak.
Drone Regulations
H. 4679 would enact the “South Carolina Drone Regulation and Public Safety Act.” This legislation would establish statewide regulation of drone operation, create criminal penalties, and authorize law enforcement to detain individuals, investigate violations, and confiscate violating drones. Operating a drone in restricted areas as outlined in the bill would be qualify as a misdemeanor, while more serious offenses such as weaponizing a drone, unlawfully surveilling, or smuggling contraband to correctional facilities would be classified as a felony. Exemptions for law enforcement, EMS, military, and agricultural operations are included.
Status: A House Judiciary subcommittee amended the bill to clarify that the provisions of this legislation would not apply to employees of any state, county, municipal, or local government agency or department acting withing the scope of their employment or official duties. H. 4679 received a favorable report, as amended, and will be on the next full committee’s agenda.
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