South Carolina H 4712: Yard debris on public highways

Bill Text

2025-2026 Bill 4712 Text of Previous Version (Dec. 17, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 4712

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING 
SECTION 17-13-140, RELATING TO THE ISSUANCE, EXECUTION, AND RETURN OF SEARCH 
WARRANTS FOR PROPERTY CONNECTED WITH THE COMMISSION OF CRIME, AND INVENTORY OF 
PROPERTY SEIZED, SO AS TO STRENGTHEN REQUIREMENTS THAT PERSONS WHO ARE SUBJECT 
TO SEARCHES BY WARRANT MUST BE PROVIDED A COPY OF THE WARRANT AND INVENTORY 
TAKEN, AND TO PROVIDE IF NO ARTICLES ARE SEIZED BY VIRTUE OF A WARRANT THAT THE 
PRoperty MUST BE RETURNED TO ITS ORIGINAL CONDITION AND THE PRoperty SECURED.

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

SECTION 1. Section 17-13-140 of the S.C. Code is amended to read:

 Section 
17-13-140. (A) Any magistrate or recorder or city judge having the 
powers of magistrates, or any judge of any court of record of the State having 
jurisdiction over the area where the property sought is located, may issue a 
search warrant to search for and seize (1) stolen or embezzled property; (2) 
property, the possession of which is unlawful; (3) property which is being 
used or has been used in the commission of a criminal offense or is possessed 
with the intent to be used as the means for committing a criminal offense or is 
concealed to prevent a criminal offense from being discovered; (4) property 
constituting evidence of crime or tending to show that a particular person 
committed a criminal offense; (5) any narcotic drugs, barbiturates, 
amphetamines or other drugs restricted to sale, possession, or use on 
prescription only, which are manufactured, possessed, controlled, sold, 
prescribed, administered, dispensed or compounded in violation of any of the 
laws of this State or of the United States. Narcotics, barbiturates or other 
drugs seized hereunder shall be disposed of as provided by §Section 44-53-520.

 (B) The property 
described in this section, or any part thereof, may be seized from any place 
where such property may be located, or from the person, possession or control 
of any person who shall be found to have such property in his possession or 
under his control.

 (C) A warrant issued 
hereunder shall be issued only upon affidavit sworn to before the magistrate, 
municipal judicial officer, or judge of a court of record establishing the 
grounds for the warrant. If the magistrate, municipal judge, or other judicial 
officer abovementioned is satisfied that the grounds for the application exist 
or that there is probable cause to believe that they exist, he shall issue a 
warrant identifying the property and naming or describing the person or place 
to be searched. In the case of a warrant issued by a magistrate or a judge of 
a court of record, it shall be directed to any peace officer having 
jurisdiction in the county where issued, including members of the South 
Carolina Law Enforcement Division, and shall be returnable to the issuing 
magistrate. In case of a warrant issued by a judge of a court of record, it 
shall be returnable to a magistrate having jurisdiction of the area where the 
property is located or the person to be searched is found. If any warrant is 
issued by any municipal judicial officer to municipal police officers, the 
return shall be made to the issuing municipal judicial officer. Any warrant 
issued shall command the officer to whom it is directed to forthwith search the 
person or place named for the property specified. Before 
such search may be executed, a copy of the warrant must be provided to the 
person who is the subject of the warrant or owner of the property searched as 
required pursuant to Section 17-13-150. If such person is unavailable, posting 
of the warrant in a conspicuous place on the property shall satisfy this notice 
requirement.

 (D) Any warrant issued 
hereunder shall be executed and return made only within ten days after it is 
dated. The officer executing the warrant shall make and deliver a signed 
inventory of any articles seized by virtue of the warrant, which shall be 
delivered to the judicial officer to whom the return is to be made, and if a copy of the inventory is demanded by the person from whose 
person or premises the property is taken, a copy of the inventory shall 
be delivered to himthe person 
from whose person or property the property is taken.

 (E) If no articles are seized by 
virtue of a warrant, the law enforcement agency under whose authority the 
search was conducted is responsible for returning the property searched to its 
original condition as reasonably as is possible. The law enforcement agency 
also shall ensure that the property searched is not left vulnerable or 
unsecured. Failure to secure the property resultin