South Carolina H 3124: Fentanyl

Bill Text

2025-2026 Bill 3124 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3124

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 44-53-370, RELATING TO CONTROLLED SUBSTANCE PROHIBITIONS, SO AS TO 
CREATE CRIMINAL PENALTIES ASSOCIATED WITH THE INTENTIONAL OR UNINTENTIONAL 
EXPOSURE OF FIRST RESPONDERS TO FENTANYL OR FENTANYL-RELATED SUBSTANCES IN THE 
COURSE OF PERFORMING OFFICIAL DUTIES, WITH EXCEPTIONS.

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

SECTION 1. Section 44-53-370 of the S.C. Code is amended by 
adding:

 (h)(1) A person eighteen years of age or 
older who, in the course of unlawfully possessing fentanyl or fentanyl-related 
substances, exposes a first responder to fentanyl or fentanyl-related 
substances and an overdose or serious bodily injury of the first responder 
results, is guilty of a felony and, upon conviction, must be sentenced to a 
term of imprisonment of not more than twenty-five years or fined not more than one 
hundred thousand dollars, or both.

 (2) 
It is a defense to a violation of this item that a first responder acted 
outside the scope of ordinary care generally exercised by a member of his 
profession and, in doing so, caused or substantially contributed to his 
exposure to fentanyl or fentanyl-related substances.

 (3) 
For purposes of this item,

 (a) 
"Fentanyl or fentanyl-related substances" means fentanyl or a fentanyl-related 
substance as described in Section 44-53-190 or 44-53-210.

 (b) 
"Expose or exposure" means to cause, either intentionally or unintentionally, 
any of the following including, but not limited to, ingestion, inhalation, 
needlestick injury, or absorption through skin or mucous membranes.

 (c) 
"First responder" means a law enforcement officer, a correctional officer, a 
probation officer, a firefighter as defined in Section 40-80-10, or an 
emergency medical technician, attendant, or attendant-driver as those terms are 
defined in Section 44-61-20, who is acting in his official capacity.

 (d) 
"Overdose or serious bodily injury" means drug toxicity or a physical condition 
that creates a substantial risk of death or substantial loss of impairment of 
the function of any bodily part or organ.

SECTION 2. This act takes effect upon approval 
by the Governor.

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This web page was last updated on December 06, 2024 at 10:11 AM