South CarolinaCourts could order child support and centralize some DUI cases
The pending bill would let courts order support for some children after fatal or disabling felony DUI cases and direct certain DUI cases to countywide magistrate courts.
What it does
After a felony DUI case kills or disables a parent or guardian, a court could order the convicted driver to support the victim’s child or dependent during supervision, with limits if the family receives a civil judgment.
Prosecutors would check a charged driver’s record to count prior convictions. A plea deal could generally lower the charge only one step; a larger reduction would need a judge’s recorded finding of compelling reasons.
Circuit solicitors would handle specified DUI cases in countywide magistrate courts, with case assignment depending on the offense and where it happened.
Argument forA court could order support for a child whose parent was killed or disabled in a felony DUI case, helping cover the child’s needs during supervision.
Argument againstA driver ordered to support a victim’s child could face added financial obligations during supervision, though the court must consider the child’s and surviving family’s needs.
More detail
A sentencing court could order the convicted driver to pay financial support for the victim’s child or dependent. The child or dependent must be the child or dependent of the victim in the felony DUI case. This applies when a felony DUI conviction caused a parent’s or guardian’s death, or the court finds that parent or guardian disabled or totally and permanently disabled. The court must consider the child’s needs and resources, the surviving parent’s needs and resources, and other listed factors. A fully paid civil judgment obtained before the support order bars it; a later qualifying judgment reduces the order by the specified amount. Support may last during probation or community supervision, but no later than age 18, or age 19 if the child is still in high school.
Prosecutors would review a charged person’s criminal and driving records and limit how far a plea deal can reduce the charge. This applies to people charged with DUI or driving with an unlawful alcohol concentration. A plea deal could generally reduce the charge only to the next lesser offense. A greater reduction would require compelling reasons presented in court and a judge’s finding on the record.
The bill text provides for centralized county courts to handle certain DUI and other magistrate-level cases. The provisions cover specified first- and second-offense DUI and unlawful-alcohol-concentration cases, plus other magistrate-level offenses selected by the circuit solicitor. Circuit solicitors would prosecute the specified cases and could select other magistrate-level cases for the centralized court. A solicitor could take over a first-offense case pending in municipal court; the court’s authority depends on the offense and location described in the bill.
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Where it stands
- Introduced
- Passed 1st Chamber
- Passed 2nd Chamber
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jun 25Debate adjournedLatest
- Vote recorded to grant free conference powers. Result: fail.Upper
- Jun 25Roll call Ayes-23 Nays-13
- Jun 25Free conference powers rejected
- May 13Conference committee appointed JE Johnson, Robbins, Rose
- Vote recorded Concur in Senate Amendments. Result: fail.Lower
- May 13Senate insists upon amendment and conference committee appointed Hembree, Adams, Tedder
- May 13Roll call Yeas-0 Nays-115
- May 13Non-concurrence in Senate amendment
- May 12Debate adjourned
- May 8Scrivener's error corrected
- May 6Read third time and returned to House with amendmentsMajor
- May 6House amendment amendedMinor
- May 4Scrivener's error corrected
- May 1Read third time and returned to Senate with amendmentsPassed 2nd Chamber
- May 1Scrivener's error corrected
- Apr 30Unanimous consent for third reading on next legislative day
- Vote recorded Passage of Bill. Result: pass.Lower
- Apr 30Roll call Yeas-108 Nays-0
- Apr 30Read second timeMinor
- Apr 30AmendedMajor
- Apr 29Committee report: Favorable with amendment JudiciaryMinor
- Feb 10Referred to Committee on JudiciaryMinor
- Feb 10Introduced and read first timeMinor
- Feb 5Read third time and sent to HousePassed 1st Chamber
- Feb 5AmendedMajor
- Feb 4Roll call Ayes-45 Nays-0
- Vote recorded 2nd Reading. Result: pass.Upper
- Vote recorded to adopt. Result: fail.Upper
- Vote recorded to lay on the table. Result: fail.Upper
- Feb 4Read second timeMinor
- Feb 4AmendedMajor
- Feb 3Debate interrupted
- Feb 3AmendedMajor
- Feb 2Scrivener's error corrected
- Jan 29Debate interrupted
- Jan 29AmendedMajor
- Jan 28Debate interrupted
- Jan 28AmendedMajor
- Jan 21Debate interrupted
- Jan 21Committee Amendment AdoptedMajor
- Jan 15Roll call Ayes-40 Nays-1
- Vote recorded to set for Special Order. Result: pass.Upper
- Jan 15Special order, set for January 15, 2026
- Jan 14Committee report: Favorable with amendment JudiciaryMinor
- Jun 25Debate adjournedLatest
- 2025
- Jan 14Referred to Committee on JudiciaryMinor
- Jan 14Introduced and read first timeMinor
- 2024
- Dec 11Referred to Committee on JudiciaryMinor
- Dec 11PrefiledIntroduced
Criminal JusticePublic Safety