South Carolina H 3153: Tests for marijuana

Bill Text

2025-2026 Bill 3153 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3153

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 24-21-430, RELATING TO CONDITIONS OF PROBATION, SO AS TO PROVIDE TESTS 
FOR THE PRESENCE OF MARIJUANA MAY NOT BE PERFORMED DURING URINALYSES OR BLOOD 
TESTS PERFORMED ON PROBATIONERS.

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

SECTION 1. Section 24-21-430 of the S.C. Code is amended to read:

 Section 
24-21-430. The court may impose by order duly 
entered and may at any time modify the conditions of probation and may include 
among them any of the following or any other condition not prohibited in this 
section; however, the conditions imposed must include the requirement that the 
probationer must permit the search or seizure, without a search warrant, based 
on reasonable suspicions, of the probationer's person, any vehicle the 
probationer owns or is driving, and any of the probationer's possessions by:

 (1) 
any probation agent employed by the Department of Probation, Parole and Pardon 
Services; or

 (2) 
any other law enforcement officer, but the conditions imposed upon a 
probationer who was convicted of or pled guilty or nolo contendere to a Class C 
misdemeanor or an unclassified misdemeanor that carries a term of imprisonment 
of not more than one year may not include the requirement that the probationer 
agree to be subject to search or seizure, without a search warrant, with or 
without cause, of the probationer's person, any vehicle the probationer owns or 
is driving, or any of the probationer's possessions.

 By enacting this 
provision, the General Assembly intends to provide law enforcement with a means 
of reducing recidivism and does not authorize law enforcement officers to 
conduct searches for the sole purpose of harassment. Immediately before each 
search or seizure pursuant to this section, the law enforcement officer seeking 
to conduct the search or seizure must verify with the Department of Probation, 
Parole and Pardon Services or by any other means available to the officer that 
the individual upon whom the search or seizure will be conducted is currently 
on probation. A law enforcement officer conducting a search or seizure without 
a warrant pursuant to this section shall report to the law enforcement agency 
that employs him all of these searches or seizures, which shall include the 
name, address, age, gender, and race or ethnicity of the person that is the 
subject of the search or seizure. The law enforcement agency shall submit this 
information at the end of each month to the Department of Probation, Parole and 
Pardon Services for review of abuse. A finding of abuse of the use of searches 
or seizures without a search warrant must be reported by the Department of 
Probation, Parole and Pardon Services to the State Law Enforcement Division for 
investigation. If the law enforcement officer fails to report each search or 
seizure pursuant to this section, he is subject to discipline pursuant to the 
employing agency's policies and procedures.

 To effectively 
supervise probationers, the director shall develop policies and procedures for 
imposing conditions of supervision on probationers. These conditions may 
enhance but must not diminish court imposed conditions.

 The probationer 
shall:

 (1) 
refrain from the violations of any state or federal penal laws;

 (2) 
avoid injurious or vicious habits;

 (3) 
avoid persons or places of disreputable or harmful character;

 (4) 
permit the probation agent to visit at his home or elsewhere;

 (5) 
work faithfully at suitable employment as far as possible;

 (6) 
pay a fine in one or several sums as directed by the court;

 (7) 
perform public service work as directed by the court;

 (8) 
submit to a urinalysis or a blood test, or both upon request of the probation agent. However, a test for the presence of marijuana may not be 
performed during a urinalysis or blood test;

 (9) 
submit to curfew restrictions;

 (10) 
submit to house arrest which is confinement in a residence for a period of 
twenty-four hours a day, with only those exceptions as the court may expressly 
grant in its discretion;

 (11) 
submit to intensive surveillance which may include surveillance by electronic 
means;

 (12) 
support his dependents; and

 (13) 
follow the probation agent's instructions and advice regarding recreational and 
social activities.

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

----XX----

This web page was last updated on December 06, 2024 at 10:36 AM