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2025-2026 Bill 745: Help Find Missing Americans Act - South Carolina Legislature Online
South Carolina General Assembly
126th Session, 2025-2026
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S. 745
STATUS INFORMATION
General Bill
Sponsors: Senator Ott
Document Path: LC-0216HA26.docx
Introduced in the Senate on January 13, 2026
Currently residing in the Senate Committee on
Judiciary
Summary: Help Find Missing Americans Act
HISTORY OF LEGISLATIVE ACTIONS
Date
Body
Action Description with journal page number
12/10/2025
Senate
Prefiled
12/10/2025
Senate
Referred to Committee on
Judiciary
1/13/2026
Senate
Introduced and read first time (
Senate Journal-page 39
)
1/13/2026
Senate
Referred to Committee on
Judiciary
(
Senate Journal-page 39
)
View the latest
legislative information
at the website
VERSIONS OF THIS BILL
12/10/2025
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT
THE "HELP FIND MISSING AMERICANS ACT" BY ADDING SECTION
23-3-350
SO AS TO
ESTABLISH WHEN WIRELESS SERVICE PROVIDERS MUST PROVIDE CERTAIN INFORMATION TO
ACCOUNT HOLDERS IN CASES INVOLVING MISSING PERSONS, TO ESTABLISH REQUIREMENTS
FOR THE RELEASE OF INFORMATION, TO CREATE CRIMINAL PENALTIES FOR KNOWING AND
WILFUL VIOLATIONS, AND TO PROHIBIT LAWSUITS AGAINST WIRELESS SERVICE PROVIDERS
ACTING IN GOOD FAITH; AND TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO
PROVIDE RECOMMENDATIONS TO THE GENERAL ASSEMBLY REGARDING WAYS TO AID LAW
ENFORCEMENT IN MISSING PERSONS CASES.
W
hereas, in September
2025, the National Missing and Unidentified Persons System reported there were
25,623 active missing persons cases in the United States; and
W
hereas, the General
Assembly acknowledges that each of these cases represents an individual for
whom the disappearance profoundly affects his family, friends, and community,
including citizens of this State; and
W
hereas,
telecommunication devices play a critical role in providing time-sensitive
information in a missing person case; and
W
hereas, each piece of
information and all available resources regarding a missing person case should
be accessed as expeditiously as possible. Now, therefore,
B
e it enacted by the
General Assembly of the State of South Carolina:
S
ECTION 1.
This act may be cited as the "Help Find Missing Americans Act."
S
ECTION 2.
A
rticle 5, Chapter 3, Title 23 of the S.C. Code is
amended by adding:
S
ection
23-3-350
.
(
A)
(
1) After filing a missing person
report, an individual who is the named account holder of a telecommunications
device used by the missing child or missing person may submit a written request
to the wireless service provider to access information for the missing child's
or missing person's telecommunications device in accordance with the provisions
of this section. Information that may be requested regarding the missing
child's or missing person's telecommunications device shall be limited to:
(
a)
location information;
(
b)
phone numbers to which calls were made or received, and
(
c)
the amount of wireless data used.
T
his information shall be
limited to no more than twelve hours immediately preceding the time of the
disappearance of the missing child or missing person, as indicated in the
missing person report, through the date of the request, unless otherwise
requested by the law enforcement agency with jurisdiction for the missing
person report.
(
2)
In addition to the written request described in item (1), the account holder
must provide a copy of the missing person report and contact information for
the law enforcement agency which generated the missing person report.
(
B)
Upon receipt of a completed written request as described in subsection (A), the
wireless service provider must verify: (1) that the requestor is the account
holder; and (2) that there is an active missing person report that involves the
telecommunications device for which information has been requested. Following
this verification, and unless law enforcement requests that the information not
be released to the account holder, the wireless service provider must provide
the requested information to the account holder as well as the law enforcement agency
with whom the missing person report is pending. This information must be
provided within a reasonable time period but no later than thirty days after
receipt of the request.
(
C) The
wireless service provider must retain detailed records for all requests for
information pursuant to this section, including responses, for three years from
the date of the request.
(
D) Information
disclosed pursuant to this article shall solely be used for investigative
purposes directly related to the missing person case. Any person who knowingly
and wilfully violates the provisions of this section shall be guilty of a
misdemeanor and shall:
(
1)
for a first offense, be fined not less than five hundred dollars nor more than
one thousand dollars, imprisoned not less than thirty days nor more than ninety
days, or both;
(
2)
for a second or subsequent offense, be fined not less than one thousand dollars
nor more than three thousand dollars, imprisoned not less than ninety days nor
more than two years, or both.
(
E) A
civil or criminal action may not be brought in court against a wireless service
provider for providing the requested information if acting in good faith and
under this section.
S
ECTION 3. No
later than January 1, 2027, the State Law Enforcement Division shall provide
recommendations to the General Assembly regarding ways to aid law enforcement in
missing person cases.
S
ECTION 4. If any
section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word
of this act is for any reason held to be unconstitutional or invalid, such
holding shall not affect the constitutionality or validity of the remaining
portions of this act, the General Assembly hereby declaring that it would have
passed this act, and each and every section, subsection, paragraph,
subparagraph, sentence, clause, phrase, and word thereof, irrespective of the
fact that any one or more other sections, subsections, paragraphs,
subparagraphs, sentences, clauses, phrases, or words hereof may be declared to
be unconstitutional, invalid, or otherwise ineffective.
S
ECTION 5. This act takes effect upon approval
by the Governor.
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This web page was last updated on January 13, 2026 at 1:09 PM