South Carolina H 3519: Search warrants, electronic data

Bill Text

2025-2026 Bill 3519 Text of Previous Version (Feb. 05, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3519

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 
17-13-180 SO AS TO PROVIDE THAT A SOUTH CAROLINA BUSINESS MUST TREAT A 
SUBPOENA, COURT ORDER, OR WARRANT ISSUED BY ANOTHER STATE AS IF THE SUBPOENA, 
COURT ORDER, OR WARRANT WERE ISSUED BY A SOUTH CAROLINA COURT; AND BY ADDING 
SECTION 17-13-190 SO AS TO PROVIDE FOR THE ISSUANCE, EXECUTION, AND RETURN OF 
SEARCH WARRANTS FOR ELECTRONIC DATA OR INFORMATION.

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

SECTION 1. Chapter 13, Title 17 of the S.C. Code is amended by 
adding:

 Section 
17-13-180. (A) For the purposes of 
this section a "South Carolina business" means a corporation, general 
partnership, limited partnership, joint venture, trust, proprietorship, or any 
other similar entity or organization that:

 (1) 
is organized pursuant to the laws of South Carolina;

 (2) 
has its domicile or principal place of business in South Carolina;

 (3) 
is a foreign business that stores the electronic data subject to a subpoena, 
court order, or warrant within South Carolina; or

 (4) 
is a foreign business doing business in the State of South Carolina.

 (B) A 
South Carolina business, when served with a subpoena, court order, or warrant 
issued by a court of another state to produce records that would reveal the 
identity of customers using the service, data stored by or on behalf of the 
customers, the customer's usage of the services, or the recipients or 
destinations of communications sent to or received by customers, shall produce 
those records as if the subpoena, court order, or warrant had been issued by a 
South Carolina court.

 Section 
17-13-190. (A) A circuit court 
judge may issue a search warrant to search for and seize electronic data or 
information from any business regardless of where the data or information is 
stored so long as the business operates and conducts business in or provides 
services in South Carolina.

 (B) A 
warrant issued must be issued only upon affidavit sworn to before the circuit 
court judge establishing the grounds for the warrant. If the circuit court 
judge is satisfied that the grounds for the application exist or that there is 
probable cause to believe that they exist, he shall issue a warrant identifying 
the property and naming or describing the person or place to be searched. Such 
warrants must be directed to any peace officer with jurisdiction in the county 
where the warrant is issued, including members of the South Carolina Law 
Enforcement Division, and are returnable to a magistrate judge for the county 
where issued. Service also may be secured by service upon the registered agent 
for the business.

 (C) 
Any warrant issued must be executed and return made only within ten days after 
it is dated. The officer executing the warrant shall make and deliver a signed 
inventory of any articles seized by virtue of the warrant, which must be 
delivered to the judicial officer to whom the return is to be made, and if a 
copy of the inventory is demanded by the person from whose person or premises 
the property is taken, a copy of the inventory must be delivered to him.

 (D) 
Warrants issued pursuant to this section may be accompanied by a Preclusion of 
Notice Order that complies with the provisions of 18 U.S.C. Section 2705(b).

 (E) 
Records seized pursuant to a search warrant issued pursuant to this section are 
admissible at trial when accompanied by a certification of a records custodian 
or other qualified witness that the seized records are a true and accurate 
reflection of the stored electronic data or information. The certification must 
be signed in a manner that would subject the maker of the certification to a 
criminal penalty in the jurisdiction where the certification is signed if it is 
falsely made. Before the trial or hearing, the proponent must give an adverse 
party reasonable written notice of the intent to offer the record and must make 
the record and certification available for inspection to provide the party with 
a fair opportunity to challenge them.

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

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This web page was last updated on February 05, 2025 at 01:27 PM