South Carolina S 74: Electronic Records

Bill Text

2025-2026 Bill 74 Text of Previous Version (May. 06, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 74

Indicates Matter Stricken
Indicates New Matter

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

Indicates Matter 
Stricken

Indicates New Matter

House Amendments Amended Returned To House

May 6, 2025

S. 74

Introduced by Senators Hembree, Leber, Elliott, 
Garrett, Ott, Kimbrell, Graham, Zell, Kennedy and Climer 

S. Printed 5/6/25--S.

Read the first time January 14, 2025

________

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 
17-13-142 SO AS TO AUTHORIZE A LAW ENFORCEMENT OFFICER, A CIRCUIT SOLICITOR, OR 
THE ATTORNEY GENERAL TO REQUIRE THE DISCLOSURE OF ELECTRONIC COMMUNICATIONS AND 
OTHER RELATED RECORDS BY A PROVIDER OF AN ELECTRONIC COMMUNICATION SERVICE OR 
REMOTE COMPUTING SERVICE UNDER CERTAIN CIRCUMSTANCES.

 Amend Title To Conform

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 
17-13-142. (A) This section 
specifically authorizes a court of competent jurisdiction in this State, as 
defined by 18 U.S.C. Section 2711, to issue appropriate orders pursuant to the 
requirements and procedures of 18 U.S.C. Section 2703(d) for production of 
stored wire, digital, or electronic transactional records or subscriber 
information. These orders have statewide application and application to the 
extent provided by federal law.

 (B) 
This section specifically authorizes a court of competent jurisdiction in this 
State, as defined by 18 U.S.C. Section 2711, to issue search warrants pursuant 
to the procedures established by Section 17-13-140, notwithstanding any 
jurisdictional limitations contained in that section, for production of stored 
wire, digital, or electronic communications and transactional records 
pertaining to them. Search warrants have statewide application to the extent 
provided by federal law.

 (C) 
The Attorney General may issue a subpoena to an electronic communication 
service or remote computing service to compel disclosure or production of any 
stored subscriber or customer information pursuant to 18 U.S.C. Section 
2703(c)(2). A subpoena may only be issued under the authority provided for in 
this section and must demonstrate specific and articulable facts that there are 
reasonable grounds to believe the information is relevant and material to an 
ongoing criminal investigation conducted by the Internet Crimes Against 
Children Task Force of the Attorney General's Office. Subpoenas may not be 
issued under this section to the extent the subpoena is authorized under other 
federal or state statutes.

 (D) 
Nothing herein expands the obligations of electronic communications service 
providers.

SECTION 2. 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 3. This act takes effect upon approval 
by the Governor.

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This web page was last updated on May 06, 2025 at 06:56 PM