South Carolina S 117: Contraband Cell Phone Act

Bill Text

2025-2026 Bill 117 Text of Previous Version (Dec. 11, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 117

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 ADDING SECTION 
16-3-605 SO AS TO CREATE THE OFFENSE OF RECKLESS ENDANGERMENT, TO DEFINE TERMS 
PERTAINING TO THIS OFFENSE, AND TO PROVIDE PENALTIES; BY AMENDING SECTION 16-3-610, 
RELATING TO CERTAIN OFFENSES COMMITTED WITH A CARRIED OR CONCEALED DEADLY 
WEAPON, SO AS TO INCLUDE RECKLESS ENDANGERMENT; AND BY AMENDING SECTION 
17-15-55, RELATING TO RECONSIDERATION BY CIRCUIT COURT OF BOND SET BY SUMMARY 
COURT AND SUBSEQUENT VIOLENT OFFENDERS, SO AS TO REQUIRE THE BOND FOR THE 
OFFENSE OF RECKLESS ENDANGERMENT TO BE HELD IN CIRCUIT COURT IF THE OFFENSE WAS 
COMMITTED BY A PERSON ALREADY OUT ON BOND FOR A PREVIOUS VIOLENT OFFENSE, 
RECKLESS ENDANGERMENT OFFENSE, OR ANY FELONY OFFENSE INVOLVING A FIREARM.

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

SECTION 1. Article 7, Chapter 3, Title 16 of the S.C. Code is 
amended by adding:

 Section 
16-3-605. (A) For the purposes of 
this section:

 (1) 
"Deadly weapon" means any instrument that can be used to inflict deadly force.

 (2) 
"Bodily injury" means bodily injury that causes a substantial risk of death, 
physical damage, or impairment.

 (B)(1) A person commits the offense of 
reckless endangerment in the first degree if the person engages in conduct that 
creates a substantial risk of death or bodily injury to another person and:

 (a) 
the offense is committed with a deadly weapon;

 (b) 
the person discharges or causes to be discharged unlawfully a firearm during 
the offense; or

 (c) 
the person has been previously convicted of, pled guilty or nolo contendere to, 
or adjudicated delinquent for an offense listed in Section 16-3-605.

 (C)(1) A person commits the offense of 
reckless endangerment in the second degree if the person engages in conduct 
that creates a substantial risk of death or bodily injury to another person.

 (2) 
A person who violates this subsection is guilty of a misdemeanor and, upon 
conviction, must be fined in the discretion of the court or imprisoned not more 
than three years, or both.

SECTION 2. Section 16-3-610 of the S.C. Code is amended to read:

 Section 
16-3-610. If a person is convicted of an offense pursuant to Section 16-3-29, 
16-3-600, 16-3-605, or manslaughter, and the 
offense is committed with a deadly weapon of the character as specified in 
Section 16-23-460 carried or concealed upon the person of the defendant, the 
judge shall, in addition to the punishment provided by law for such offense, sentence 
the person to imprisonment for the misdemeanor offense for not less than three 
months nor more than twelve months, or a fine of not less than two hundred 
dollars, or both.

SECTION 3. Section 17-15-55(C) of the S.C. Code is amended to 
read:

 (C) If a person commits a violent 
offense, as defined in Section 16-1-60, reckless 
endangerment in the first degree, or any felony offense involving a 
firearm, which was committed when the person was already out on bond for a 
previous violent offense, reckless endangerment in the 
first degree, or any felony offense 
involving a firearm and the subsequent offense did not arise out of the same 
series of events as the previous offense, then:

 (1) 
the bond for the original offense must be revoked by operation of law and a 
hearing for the subsequent violent offense or any felony offense involving a 
firearm must be held in the circuit court within thirty days;

 (2) 
during the bond hearing for the subsequent violent offense or felony offense 
involving a firearm, the court must issue findings of fact and conclusions of 
law addressing the revocation of bond for the original offense, whether a new 
bond is issued for the previous offense as well as if bond is appropriate for 
the subsequent violent offense or felony offense involving a firearm;

 (3) 
if the court finds that certain conditions of release on bond will ensure that 
the person is unlikely to flee or pose a danger to any other person or the 
community and the person will abide by the terms of release on bond, the judge 
shall consider bond in accordance with the provisions of this chapter and set 
or amend bond accordingly. Notwithstanding the provisions of Section 17-15-15, 
any bond set for a violent offense or felony offense involving a firearm 
committed when the person was already out on bond for a previous violent 
offense or felony offense involving a firearm must be deposited to the court in 
cash or its equivalent in full, notwithstanding if posted by the person, his 
representative, or by a bond surety;

 (4) 
if the court finds no such conditions will ensure that the person is unlikely 
to flee or not pose