South Carolina H 5288: Cargo Theft

Bill Text

2025-2026 Bill 5288 Text of Previous Version (Apr. 16, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 5288

Indicates Matter Stricken
Indicates New Matter

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

Committee Report

April 15, 2026

H. 5288

Introduced by Reps. J. E. Johnson, Brittain, Yow, 
Guest, Haddon, Jordan, Robbins, Wickensimer, C. Mitchell and Calhoon 

S. Printed 4/15/26--H. [SEC 
4/16/2026 10:58 AM]

Read the first time February 26, 2026

________

The committee on House Judiciary

To whom was referred a Bill (H. 5288) to amend 
the South Carolina Code of Laws by adding Section 16-13-136 so as to define 
necessary terms, create cargo theft offenses, and provide penalties for the, 
etc., respectfully

Report:

That they have duly and carefully considered 
the same, and recommend that the same do pass:

W. NEWTON for Committee.

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill creates the misdemeanor and 
felony offense of cargo theft and the possession or sale of stolen cargo. This 
bill establishes a tired penalty structure for those found guilty of the 
offense dependent upon the value of the cargo, number of violations, and 
whether the defendant is a repeat offender. 

This bill specifies that nothing within the 
sections may be interpreted to allow a circuit solicitor or persons in the 
circuit solicitor's employ to prosecute cases outside of the circuit where the 
circuit solicitor was elected without the consent of the Attorney General. The 
Revenue and Fiscal Affairs Office (RFA) anticipates the Office of Attorney 
General will manage any additional responsibilities from this bill within 
existing appropriations.

RFA anticipates this bill may result in an 
increase in the number of court cases and potentially the number of 
incarcerations, due to the newly created offenses and expansion of current 
offenses, which may increase the workload of the court system and CID, PPP, CPC, 
and Corrections. We anticipate the potential impact of the caseload in court 
can be managed within existing appropriations by Judicial. Additionally, the 
potential increase in expenses for each agency will depend upon the increase in 
the number of cases and number of incarcerations. RFA anticipates that the 
potential increase in caseload can be managed by these agencies within existing 
appropriations. However, if the bill has an unanticipated impact on caseloads 
or downstream expenses, Judicial and these agencies will request an increase in 
General Fund appropriations. For information, according to Corrections, in FY 
2024-25, the annual total cost per inmate was $37,503, of which $35,696 was 
state funded.

State Revenue

This bill creates the misdemeanor and 
felony offense of cargo theft and the possession or sale of stolen cargo. This 
bill establishes a tired penalty structure for those found guilty of the 
offense dependent upon the value of the cargo, number of violations, and 
whether the defendant is a repeat offender. 

This bill 
may result in a change in the fines and fees collected in court. Court fines 
and fees are distributed to the General Fund, Other Funds, and local funds. 
Therefore, RFA anticipates this bill may result in a change to the General Fund 
and Other Funds revenue due to the change in fines and fees collections in 
court.

Local Expenditure

This bill creates the misdemeanor and 
felony offense of cargo theft and the possession or sale of stolen cargo. This 
bill establishes a tired penalty structure for those found guilty of the 
offense dependent upon the value of the cargo, number of violations, and 
whether the defendant is a repeat offender. 

We anticipate this bill will have a minimal 
impact on counties and municipalities that will be managed with existing 
resources. 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

_______

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 
16-13-136 SO AS TO DEFINE NECESSARY TERMS, CREATE CARGO THEFT OFFENSES, AND 
PROVIDE PENALTIES FOR THE OFFENSES.

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

SECTION 1. Article 1, Chapter 13, Title 16 of the S.C. Code is 
amended by adding:

 Section 
16-13-136. (A) As used in this 
section, the term:

 (1) 
"Cargo" means either of the following, a:

 (a) 
vehicle engaged in commercial transportation of freight or the freight being 
transported in or on the vehicle including, but not limited to, goods, 
chattels, money, or baggage; or

 (b) 
trailer, semitrailer, container, railcar, or other associated equipment, or the 
freight being transported in or on it including, but not limited to, goods, 
chattels, money, or baggage.

 (2) 
"Vehicle" has the same meaning as contained in Section 16-11-430.

 (B) 
It is unlawful for a person to:

 (1) 
knowingly obtain, exert