All Roll Calls
Yes: 421 • No: 62
South CarolinaS 0156126th General Assembly (2025-2026)Senate
AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 16-3-80 SO AS TO CREATE THE OFFENSE OF FENTANYL-INDUCED HOMICIDE, TO PROVIDE A PENALTY FOR VIOLATIONS, TO PROHIBIT AN AFFIRMATIVE DEFENSE, AND TO PROVIDE CIRCUMSTANCES UNDER WHICH PERSONS SHALL NOT BE PROSECUTED UNDER THIS SECTION; AND BY AMENDING SECTION 16-1-10, RELATING TO A LIST OF EXCEPTIONS FOR FELONIES AND MISDEMEANORS, SO AS TO ADD FENTANYL-INDUCED HOMICIDE.
Sponsored By: Thomas C. Alexander (Republican)
Signed by Governor
Summary
Fentanyl Induced Homicide
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 2 benefits, 0 costs, 2 mixed.
New crime for deadly fentanyl
The law creates a felony called fentanyl-induced homicide. If you knowingly and unlawfully sell, give, or supply fentanyl or a related drug in violation of state drug law, and a person dies after injecting, inhaling, absorbing, or swallowing any amount of that drug, you commit this crime. A conviction can bring up to 30 years in prison. This rule takes effect May 22, 2025.
No charge for shared fentanyl use
A person is not prosecuted under this homicide law if they knowingly use fentanyl together with another consenting person, and that person dies. This applies only to this specific crime. The rule takes effect May 22, 2025.
Classifies fentanyl homicide in statutes
The law adds fentanyl-induced homicide to a state list that other laws use to classify crimes. This can change how some rules apply to this offense. The change takes effect May 22, 2025.
Limits defenses in overdose deaths
In cases under this law, a defendant cannot argue the dead person caused their own death by using the drug or by consenting to its use. The only exception is when there is clear and convincing proof the person meant to commit suicide. This rule does not block police or prosecutors from bringing other charges from the same event. Effective May 22, 2025.
Sponsors & Cosponsors
Sponsor
Thomas C. Alexander
Republican • Senate
Cosponsors
Brian Adams
Republican • Senate
Sean M. Bennett
Republican • Senate
Billy Garrett
Republican • Senate
Josh Kimbrell
Republican • Senate
Harvey S. Peeler, Jr.
Republican • Senate
Luke A. Rankin
Republican • Senate
Everett Stubbs
Republican • Senate
Ross Turner
Republican • Senate
Overture Walker
Democrat • Senate
Tom Young, Jr.
Republican • Senate
Roll Call Votes
House vote • 5/8/2025
(Fentanyl Induced Homicide)Adopt Free Conference Report
Yes: 92 • No: 14
House vote • 5/8/2025
(Fentanyl Induced Homicide)Grant Free Conference Powers
Yes: 101 • No: 7
Senate vote • 5/8/2025
(Fentanyl Induced Homicide)to grant free conference powers
Yes: 44 • No: 0
Senate vote • 5/8/2025
(Fentanyl Induced Homicide)to adopt the free conference report
Yes: 44 • No: 1
Senate vote • 4/29/2025
(Fentanyl Induced Homicide)to concur
Yes: 1 • No: 40
House vote • 4/9/2025
(Fentanyl Induced Homicide)Passage of Bill
Yes: 96 • No: 0
Senate vote • 2/25/2025
(Fentanyl Induced Homicide)2nd Reading
Yes: 43 • No: 0
Actions Timeline
Act No. 61
5/27/2025legislatureEffective date 05/22/25
5/27/2025legislatureSigned By Governor
5/22/2025GovernorRatified R 87
5/20/2025legislatureOrdered enrolled for ratification
5/8/2025SenateFree conference report adopted
5/8/2025SenateFree conference committee appointed Hembree, Sabb, Adams
5/8/2025SenateFree conference powers granted
5/8/2025SenateRoll call Yeas-92 Nays-14
5/8/2025HouseFree conference report adopted
5/8/2025HouseFree conference committee appointed JE Johnson, Robbins, Rose
5/8/2025HouseRoll call Yeas-101 Nays-7
5/8/2025HouseFree conference powers granted
5/8/2025HouseConference committee appointed Hembree, Sabb, Adams
4/30/2025SenateHouse insists upon amendment and conference committee appointed Reps. JE Johnson, Robbins, Rose
4/30/2025HouseRoll call Ayes-1 Nays-40
4/29/2025SenateNon-concurrence in House amendment
4/29/2025SenateRead third time and returned to Senate with amendments
4/10/2025HouseRoll call Yeas-96 Nays-0
4/9/2025HouseRead second time
4/9/2025HouseAmended
4/9/2025HouseRequests for debate-Rep
3/27/2025HouseCommittee report: Favorable with amendment Judiciary
3/26/2025HouseScrivener's error corrected
3/5/2025legislatureReferred to Committee on Judiciary
3/4/2025House
Bill Text
Introduced
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