Subcommittee approves S74 enhancing electronic data access for child predator investigations

The House Judiciary Committee's Artificial Intelligence, Cybersecurity, and Special Laws Subcommittee convened on February 25, 2025, to discuss several key pieces of legislation, including House Bill 3387 and Senate Bill 74, both aimed at enhancing law enforcement's ability to access electronic data in criminal investigations.

The subcommittee unanimously approved House Bill 3387, which received a favorable report after a roll call vote of 4-0. This bill is part of ongoing efforts to strengthen cybersecurity measures and improve the legal framework surrounding artificial intelligence applications in law enforcement.

Senate Bill 74, which addresses electronic data disclosures, was also a focal point of the meeting. This bill seeks to grant the Attorney General, Circuit Solicitors, and the South Carolina Law Enforcement Division (SLED) the authority to issue administrative subpoenas to providers of electronic communication services. The subpoenas would be issued only when the requested material is deemed relevant to an ongoing criminal investigation. This legislative move aims to expedite access to crucial data, particularly in cases involving child exploitation, where timely evidence retrieval is critical.

During the discussion, representatives highlighted the current limitations faced by state attorneys, who must coordinate with federal authorities, leading to significant delays in investigations. The proposed legislation aligns South Carolina's laws with those of neighboring states, such as Georgia and North Carolina, which already have similar provisions in place.

Mr. Gates from the Attorney General's office emphasized the importance of this legislation for child predator investigations, stating that it would serve as a vital tool for law enforcement. The subcommittee is expected to continue reviewing the bill, with further discussions anticipated in the full judiciary committee later in the day.

Overall, the meeting underscored the South Carolina Legislature's commitment to enhancing cybersecurity and improving the efficiency of law enforcement operations in the digital age.