South Carolina H 3090: Fentanyl

Status: Referred to Committee on Judiciary (as of 2025-01-14)

State: South Carolina · Session: 2025-2026 · Bill: H 3090

Sponsors: Gilliam, Pope

Bill Text

2025-2026 Bill 3090 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3090

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 
44-130-65 SO AS TO AUTHORIZE CIVIL AND CRIMINAL PENALTIES FOR FAILING TO SEEK 
TREATMENT FOR OPIOID USE DISORDERS IN CERTAIN CIRCUMSTANCES.

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

SECTION 1. Chapter 130, Title 44 of the S.C. Code is amended by 
adding:

 Section 
44-130-65. (A) If a person who is 
administered an opioid antidote by a first responder after knowingly using and 
overdosing on fentanyl or another opioid refuses further treatment and 
subsequently is under the influence of fentanyl or another opioid, the person 
is subject to a civil fine in the amount of five hundred dollars and all 
applicable court costs and fees.

 (B) In 
lieu of imposing a civil fine, the court may require the person to successfully 
complete an assessment with an approved Department of Alcohol and Other Drug 
Abuse Services provider (DAODAS) and complete any recommendations of the 
service provider including, but not limited to, opioid treatments and 
medications approved by DAODAS or the Department of Public Health.

 (C) A 
person who fails to pay a civil fine imposed pursuant to subsection (A) or 
successfully complete an approved assessment and related treatment 
recommendations and medications, pursuant to subsection (B), as applicable, is 
guilty of a misdemeanor and may be imprisoned for up to ninety days in the 
discretion of the court.

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

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This web page was last updated on December 06, 2024 at 09:58 AM

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