South Carolina H 3591: Drug-induced homicide

Bill Text

2025-2026 Bill 3591 Text of Previous Version (Dec. 12, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3591

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 
16-3-80 SO AS TO CREATE THE OFFENSE OF DRUG-INDUCED HOMICIDE, TO PROVIDE A 
PENALTY FOR A VIOLATION, AND TO PROHIBIT AN AFFIRMATIVE DEFENSE; AND BY 
AMENDING SECTION 16-1-10, RELATING TO THE CATEGORIZATION OF FELONIES AND 
MISDEMEANORS, SO AS TO ADD DRUG-INDUCED HOMICIDE.

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

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

 Section 
16-3-80. (A) A person who knowingly 
and unlawfully delivers, dispenses, or otherwise provides fentanyl or a 
fentanyl-related substance as defined in Section 44-53-190(B) and Section 
44-53-210(c)(6) to another person, in violation of the provisions of Section 
44-53-370, commits the felony offense of fentanyl-induced homicide if the 
proximate cause of the death of any other person is the injection, inhalation, 
absorption, or ingestion of any amount of the fentanyl or fentanyl-related 
substance that was unlawfully delivered, dispensed, or otherwise provided.

 (B) A 
person convicted of a fentanyl-induced homicide pursuant to the provisions of 
this section must be imprisoned not more than thirty years.

 (C) It 
is not a defense pursuant to this section that a decedent contributed to his 
own death by his purposeful, knowing, reckless, or negligent injection, 
inhalation, absorption, or ingestion of the controlled substance or by his 
consenting to the administration of the controlled substance by another person, 
unless there exists clear and convincing evidence that the decedent intended to 
commit suicide. A person charged with a violation of this section may also be 
charged for any other applicable drug-related offense to include an assisted 
suicide pursuant to the provisions of Section 16-3-1090.

 (D) 
This section does not apply to a person who shares any drug or substance 
without knowledge that the drug or substance contains fentanyl or a 
fentanyl-related substance.

 (E) For 
purposes of this section only, a person must not be charged under this section 
or Section 44-53-370 if they otherwise act in conformance with Article 19, 
Chapter 53, Title 44 except a person who violates subsection (A) with knowledge 
that the substance contained fentanyl or a fentanyl-related substance.

 SECTION 2. Section 16-1-10(D) of the S.C. Code is amended by 
adding a new offense to read:

 Section 
16-3-80. Fentanyl-induced homicide

SECTION 3. The repeal or amendment by this act 
of any law, whether temporary or permanent or civil or criminal, does not affect 
pending actions, rights, duties, or liabilities founded thereon, or alter, 
discharge, release or extinguish any penalty, forfeiture, or liability incurred 
under the repealed or amended law, unless the repealed or amended provision 
shall so expressly provide. After the effective date of this act, all laws 
repealed or amended by this act must be taken and treated as remaining in full 
force and effect for the purpose of sustaining any pending or vested right, 
civil action, special proceeding, criminal prosecution, or appeal existing as 
of the effective date of this act, and for the enforcement of rights, duties, 
penalties, forfeitures, and liabilities as they stood under the repealed or 
amended laws.

SECTION 4. This act takes effect upon approval 
by the Governor.

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This web page was last updated on December 12, 2024 at 04:40 PM