Drug Induced Homicide

2025-2026 Bill 183: Drug Induced Homicide - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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This Bill
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Indicates Matter Stricken
Indicates New Matter
S. 183
STATUS INFORMATION
General Bill
Sponsors: Senators Adams, Fernandez, Alexander, Garrett, Leber, Kimbrell, Matthews, Walker and Stubbs
Companion/Similar bill(s): 3591
Document Path: SR-0138KM25.docx
Introduced in the Senate on January 14, 2025
Introduced in the House on March 24, 2026
Last Amended on March 11, 2026

Currently residing in the House Committee on
Judiciary
Summary: Drug Induced Homicide
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

1/14/2025

Senate

Introduced and read first time (
Senate Journal-page 111
)

1/14/2025

Senate

Referred to Committee on
Judiciary
(
Senate Journal-page 111
)

2/19/2025

Senate

Committee report: Favorable with amendment
Judiciary
(
Senate Journal-page 13
)

2/25/2025

Senate

Committee Amendment Adopted (
Senate Journal-page 23
)

2/25/2025

Senate

Amended (
Senate Journal-page 23
)

2/25/2025

Senate

Read second time (
Senate Journal-page 23
)

2/25/2025

Senate

Roll call Ayes-43 Nays-0 (
Senate Journal-page 23
)

3/11/2026

Senate

Amended (
Senate Journal-page 16
)

3/11/2026

Senate

Read third time and sent to House (
Senate Journal-page 16
)

3/11/2026

Senate

Roll call Ayes-41 Nays-0 (
Senate Journal-page 16
)

3/24/2026

House

Introduced and read first time (
House Journal-page 38
)

3/24/2026

House

Referred to Committee on
Judiciary
(
House Journal-page 38
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
01/14/2025
02/19/2025
02/25/2025
03/05/2025
03/11/2026

Indicates Matter Stricken

Indicates New Matter

As Passed By The Senate

March 11, 2026

S. 183

Introduced by Senators Adams, Fernandez,
Alexander, Garrett, Leber, Kimbrell, Matthews, Walker and Stubbs

S. Printed 3/11/26--S.

Read the first time January 14, 2025

________

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 AND TO PROVIDE A
PENALTY; AND TO AMEND SECTION
16-1-10
, RELATING TO THE EXEMPTION FROM THE
CATEGORIZATION OF FELONIES AND MISDEMEANORS, SO AS TO INCLUDE DRUG-INDUCED
HOMICIDE.

Amend Title To Conform

B
e it enacted by the
General Assembly of the State of South Carolina:

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

S
ection
16-3-65
.
Drug-induced homicide.

S
ECTION 2.
C
hapter 3, Title 16 of the S.C. Code is amended by
adding:

S
ection
16-3-65
.
(
A) A person who knowingly sells,
manufactures, cultivates, delivers, purchases or brings into this State, or who
provides financial assistance for the purpose of unlawful drug activity or
otherwise directs the sale, manufacture, cultivation, delivery, or purchase of
a controlled substance in violation of the provisions of Section
44-53-370
or
44-53-375
commits the felony offense of drug-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 controlled substance.

(
B) A
person convicted of drug-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. This section does not prohibit a person from being arrested,
charged, or prosecuted for any other applicable offense, whether or not the
offense arises from the same circumstances as provided in this section.

(
D) A
person who knowingly injects, inhales, absorbs, or ingests any amount of a
controlled substance along with a consenting person, which is the proximate
cause of the death of the consenting person, shall not be prosecuted under this
section.

S
ECTION 3.
C
hapter 1, Title 15 of the S.C. Code is amended by
adding:

S
ection
15-1-315
. Any person, who in good faith gratuitously renders emergency care at
the scene of a drug overdose to the victim thereof, shall not be liable for any
civil damages for any personal injury as a result of any act or omission by
such person in rendering the care or as a result of any act or failure to act
to provide or arrange for further medical treatment or care for the person
experiencing an overdose, except acts or omissions amounting to gross
negligence or wilful or wanton misconduct.

S
ECTION 4.
S
ection
44-53-1920
of the S.C. Code is amended to read:

S
ection
44-53-1920
.
(
A) A person who
seeks medical assistance for another person who appears to be experiencing a
drug or alcohol-related overdose may not be prosecuted for any of the offenses
listed in subsection (B), if the evidence for prosecution was obtained as a
result of the person seeking medical assistance for the apparent overdose on
the premises or immediately after seeking medical assistance and the person:

(
1)
acted in good faith when seeking medical assistance, upon a reasonable belief
that he was the first person to call for assistance;

(
2)
provided his own name to the 911 system or to a law enforcement officer upon
arrival; and

(
3)
did not seek medical assistance during the course of the execution of an arrest
warrant, search warrant, or other lawful search.

(
B)
A person who seeks medical assistance for another person in accordance with the
requirements of subsection (A) may not be prosecuted for:

(
1)
dispensing or delivering a controlled substance in violation of Section
44-53-370
(a), when the controlled substance is dispensed or delivered directly
to the person who appears to be experiencing a drug-related overdose;

(
2)
possessing a controlled substance in violation of Section
44-53-370
(c);

(
3)
possessing less than one gram of methamphetamine or cocaine base in violation
of Section
44-53-375
(A);

(
4)
dispensing or delivering methamphetamine or cocaine base in violation of
Section
44-53-375
(B), when the methamphetamine or cocaine base is dispensed or
delivered directly to the person who appears to be experiencing a drug-related
overdose;

(
5)
possessing paraphernalia in violation of Section
44-53-391
;

(
6)
selling or delivering paraphernalia in violation of Section
44-53-391
, when the
sale or delivery is to the person who appears to be experiencing a drug-related
overdose;

(
7)
purchasing, attempting to purchase, consuming, or knowingly possessing
alcoholic beverages in violation of Section
63-19-2440
;

(
8)
transferring or giving to a person under the age of twenty-one years for
consumption beer or wine in violation of Section
61-4-90
;
or

(
9)
contributing to the delinquency of a minor in violation of Section
16-17-490
.
; or

(
10) drug-induced homicide in
violation of Section
16-3-65
.

(
C)
If the person seeking medical assistance pursuant to this section previously
has sought medical assistance for another person pursuant to this article, the
court may consider the circumstances of the prior incidents and the related
offenses to determine whether to grant the person immunity from prosecution.

(
D)
A person described in this section must use his or her own name when contacting
authorities, fully cooperate with law enforcement and medical personnel, and
must remain with the individual needing medical assistance until help arrives.

S
ECTION 5. 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.

S
ECTION 6. This act takes effect upon approval
by the Governor.

----XX----

This web page was last updated on March 11, 2026 at 7:06 PM