South CarolinaS 0074126th General Assembly (2025-2026)Senate

AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 17-13-142 SO AS TO AUTHORIZE A COURT OF COMPETENT JURISDICTION TO ISSUE ORDERS AND WARRANTS FOR CERTAIN ELECTRONIC COMMUNICATIONS, AND TO AUTHORIZE THE ATTORNEY GENERAL TO ISSUE A SUBPOENA FOR THE PRODUCTION OF CERTAIN STORED SUBSCRIBER OR CUSTOMER INFORMATION RELEVANT AND MATERIAL TO AN ONGOING INVESTIGATION BY THE INTERNET CRIMES AGAINST CHILDREN TASK FORCE.

Sponsored By: Greg Hembree (Republican)

Signed by Governor

Summary

Electronic Records

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 3 benefits, 0 costs, 0 mixed.

Attorney General can subpoena data in child exploitation cases

Beginning May 22, 2025, the Attorney General can subpoena electronic service providers for stored subscriber or customer data listed in federal law. The subpoena must state specific facts showing the data is relevant and material to an ongoing Internet Crimes Against Children investigation. This tool cannot be used when other laws already authorize a subpoena for the same information.

No new duties for internet service providers

Beginning May 22, 2025, the law does not add any new legal duties for electronic communications providers. Providers keep the same obligations they had before. This section does not expand what providers must do when responding to government requests.

State courts can get electronic records statewide

Beginning May 22, 2025, South Carolina courts can order companies to turn over stored electronic records under federal law. Courts can also issue search warrants to get stored messages and related records using state warrant procedures. These orders and warrants work statewide, but only as far as federal law allows. This creates a clear path to obtain stored electronic records for criminal investigations.

Sponsors & Cosponsors

Sponsor

  • Greg Hembree

    Republican • Senate

Cosponsors

  • Wes Climer

    Republican • Senate

  • Jason Elliott

    Republican • Senate

  • Billy Garrett

    Republican • Senate

  • Jeffrey R. Graham

    Democrat • Senate

  • Carlisle Kennedy

    Republican • Senate

  • Josh Kimbrell

    Republican • Senate

  • Matthew W. "Matt" Leber

    Republican • Senate

  • Russell L. Ott

    Democrat • Senate

  • Jeff Zell

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 334 • No: 63

House vote • 5/8/2025

(Electronic Records)Concur in Senate Amendments

Yes: 108 • No: 0

Senate vote • 5/6/2025

(Electronic Records)to adopt amendment

Yes: 45 • No: 0

House vote • 4/23/2025

(Electronic Records)Table Amendment 4  Amendment number 4

Yes: 36 • No: 63

House vote • 4/23/2025

(Electronic Records)Passage of Bill

Yes: 105 • No: 0

Senate vote • 2/11/2025

(Electronic Records)2nd Reading

Yes: 40 • No: 0

Actions Timeline

  1. Act No. 59

    5/27/2025legislature
  2. Effective date 05/22/25

    5/27/2025legislature
  3. Signed By Governor

    5/22/2025Governor
  4. Ratified R 84

    5/20/2025legislature
  5. Roll call Yeas-108 Nays-0

    5/8/2025House
  6. Concurred in Senate amendment and enrolled

    5/8/2025House
  7. Roll call Ayes-45 Nays-0

    5/6/2025Senate
  8. Returned to House with amendments

    5/6/2025Senate
  9. House amendment amended

    5/6/2025Senate
  10. Scrivener's error corrected

    4/24/2025legislature
  11. Read third time and returned to Senate with amendments

    4/24/2025House
  12. Roll call Yeas-105 Nays-0

    4/23/2025House
  13. Read second time

    4/23/2025House
  14. Amended

    4/23/2025House
  15. Debate adjourned

    4/10/2025House
  16. Debate adjourned until Thur., 4-10-25

    4/9/2025House
  17. Debate adjourned

    3/27/2025House
  18. Requests for debate-Rep

    3/26/2025House
  19. Committee report: Favorable with amendment Judiciary

    3/20/2025House
  20. Referred to Committee on Judiciary

    2/13/2025House
  21. Introduced and read first time

    2/13/2025House
  22. Read third time and sent to House

    2/12/2025Senate
  23. Roll call Ayes-40 Nays-0

    2/11/2025Senate
  24. Read second time

    2/11/2025Senate
  25. Committee report: Favorable Judiciary

    2/5/2025Senate

Bill Text

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