summary
Introduced
01/14/2025
01/14/2025
In Committee
04/09/2025
04/09/2025
Crossed Over
04/04/2025
04/04/2025
Passed
Dead
Introduced Session
126th General Assembly
Bill Summary
Amend The South Carolina Code Of Laws By Adding Article 3 To Chapter 37, Title 27 So As To Entitle The Article "ejectment Of Unlawful Occupants Of A Residential Dwelling," To Define Necessary Terms, To Provide An Alternative Remedy To Remove Persons Unlawfully Occupying A Residential Dwelling; To Redesignate Chapter 37, Title 27 As "ejectment Proceedings"; To Redesignate The Existing Sections Of Chapter 37, Title 27 As Article 1, Chapter 37, Title 27 And Entitle It "ejectment Of Tenants"; And By Adding Section 16-11-521 So As To Establish The Offense Of Criminal Mischief.
AI Summary
This bill creates a new legal framework in South Carolina for quickly removing unauthorized occupants from residential properties through an expedited judicial process. The bill defines "unlawful occupants" as individuals who are residing in a property without the owner's permission and have no legal right to be there, such as non-tenants who have entered a property without authorization. Under the new law, property owners can file a verified petition with the local court or magistrate to obtain an immediate ex parte order to remove these occupants. The court can grant an order within 24 hours if the petition demonstrates that the occupants are not tenants, have not been given permission to be on the property, and have not leased the property in the past three months. The bill also provides additional protections for property owners, such as the ability to restrain the unauthorized occupants from returning to the property or communicating with the owner. Furthermore, the bill establishes criminal penalties for unlawful occupation, making it a felony punishable by up to three years in prison or a fine of up to $3,000. The law aims to provide property owners with a faster and more streamlined process for reclaiming their residential properties from unauthorized occupants, while also creating legal consequences for those who illegally enter and remain in someone else's property.
Committee Categories
Justice
Sponsors (33)
Murrell Smith (R)*,
Jeff Bradley (R),
Gary Brewer (R),
Mike Burns (R),
Paula Calhoon (R),
Don Chapman (R),
Bill Chumley (R),
Brandon Cox (R),
Heather Crawford (R),
April Cromer (R),
Sylleste Davis (R),
Sarita Edgerton (R),
Shannon Erickson (R),
Cal Forrest (R),
Thomas Lee Gilreath (R),
Val Guest (R),
Charles Hartz (R),
Lee Hewitt (R),
Bill Hixon (R),
Harriet Holman (R),
Randy Ligon (R),
Steven Long (R),
John McCravy (R),
Cody Mitchell (R),
Chris Murphy (R),
Brandon Newton (R),
Weston Newton (R),
Melissa Oremus (R),
Tommy Pope (R),
Robby Robbins (R),
Mark Smith (R),
Bill Taylor (R),
Robert Williams (D),
Last Action
Referred to Committee on Judiciary (on 04/09/2025)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.scstatehouse.gov/billsearch.php?billnumbers=3387&session=126&summary=B |
| BillText | https://www.scstatehouse.gov/sess126_2025-2026/prever/3387_20250404.htm |
| BillText | https://www.scstatehouse.gov/sess126_2025-2026/prever/3387_20250403.htm |
| BillText | https://www.scstatehouse.gov/sess126_2025-2026/prever/3387_20250325.htm |
| BillText | https://www.scstatehouse.gov/sess126_2025-2026/prever/3387_20250320.htm |
| Fiscal Note - H3387 2025-01-14 Introduced | https://www.scstatehouse.gov/sess126_2025-2026/fiscalimpactstatements/H3387%202025-01-14%20introduced.pdf |
| BillText | https://www.scstatehouse.gov/sess126_2025-2026/prever/3387_20241205.htm |
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