South Carolina S 399: Public Transit Trespass

Bill Text

2025-2026 Bill 399 Text of Previous Version (May. 06, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 399

Indicates Matter Stricken
Indicates New Matter

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

Committee Report

May 6, 2026

S. 399

Introduced 
by Senators Elliott, Hembree, Reichenbach and Walker 

S. Printed 5/6/26--H.

Read the first time May 8, 2025

________

The committee on House Judiciary

To whom was referred a Bill (S. 399) to amend 
the South Carolina Code of Laws by adding Section 16-11-635 so as to provide 
that a person who, without legal cause or good excuse, enters a transportation, 
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 specifies that a person who 
enters a transportation facility without legal cause or good excuse, after 
having been warned not to do so by the transit director, transit supervisor, or 
the designee of the transit director or transit supervisor, is guilty of a 
misdemeanor. Upon conviction, the person must be fined not more than $200 or 
be imprisoned not more than thirty days. A violation is triable in the 
appropriate municipal or magistrates court with jurisdiction over the offense.

This bill may result in an increase in the 
caseload in municipal and magistrates courts. Judicial 
provides support to these courts. Judicial anticipates that the potential 
increase in caseload can be managed within existing appropriations. However, 
Judicial indicates that if this bill results in a significant increase 
in the workload, then an increase in General Fund appropriations may be 
requested.

The fiscal impact of the bill on DOT is 
pending, contingent upon a response from the agency.

State Revenue

This bill specifies that a person who 
enters a transportation facility without legal cause or good excuse, after 
having been warned not to do so is guilty of a misdemeanor and upon conviction 
must be fined not more than $200 or be imprisoned not more than thirty days. 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 General Fund and Other Funds revenue due to the change in 
fines and fees collections in court.

Local Expenditure

This bill creates the penalties for entering 
a transportation facility without legal cause or good excuse, after having been 
warned not to do so by the transit director, transit supervisor, or the 
designee of the transit director or transit supervisor.

RFA surveyed all counties and the MASC to 
determine the fiscal impact on local governments. Florence County indicates 
that it does not anticipate an expenditure impact to either the Florence County 
Clerk's Office or the Florence County Sheriff's Office. Additionally, MASC 
reports that there are currently twenty-six public transit providers, five of 
which are municipally-operated systems. These five public transit providers 
will need to update their policies and procedures to reflect the provisions of 
the bill. However, the MASC indicates that the costs will be minimal. Therefore, 
based on these responses, we anticipate that local governments can implement 
the provisions of the bill with existing resources.

This bill 
may result in an increase in the number of municipal and magistrates court 
cases and potentially the number of incarcerations, which may increase the 
workload of the court system and local jails. The potential increase in 
expenses will depend upon the increase in the number of cases and number of 
incarcerations. 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

_______

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 
16-11-635 SO AS TO PROVIDE THAT A PERSON WHO, WITHOUT LEGAL CAUSE OR GOOD 
EXCUSE, ENTERS A TRANSPORTATION FACILITY, INCLUDING ANY PUBLIC TRANSPORTATION 
AND ANY PUBLIC TRANSPORTATION SYSTEM, AFTER HAVING BEEN WARNED NOT TO DO SO BY 
THE TRANSIT DIRECTOR OR HIS DESIGNEE, IS GUILTY OF A MISDEMEANOR TRIABLE IN A 
MUNICIPAL OR MAGISTRATES COURT, TO PROVIDE PROCEDURES FOR A WRITTEN WARNING AND 
FOR APPEALING THE WARNING, AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION 
MUST BE CONSTRUED AS IN ADDITION TO, AND NOT AS SUPERSEDING, ANOTHER STATUTE 
RELATING TO TRESPASS OR UNLAWFUL ENTRY ON LANDS OF ANOTHER.

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

SECTION 1. Chapter 11, Title 16 of the S.C. Code is amended by 
adding:

 Section 
16-11-635. (A)(1) A person who enters a transportation 
facility, including any public transportation and any public transportation 
system, as defined in Section 58-25-20, is prohibited from committing any acts 
designated in Section 58-23-1