South Carolina subcommittee backs HALO Act after amendments, ACLU warns of First Amendment risks

A South Carolina House General Law subcommittee voted to give a favorable report to H.4763, the Helping Alleviate Lawful Obstruction (HALO) Act, after adopting two amendments that clarified covered responders and allowed health-care facilities to set a safety perimeter up to 50 feet after a verbal warning.

The bill, presented to the subcommittee by Chair Case Bridal, would create a limited safety buffer that first responders could enforce only after issuing a verbal warning. The statute as discussed defines first responders to include law enforcement officers, firefighters and certain emergency medical personnel; it would prohibit intentionally interfering with, threatening or harassing a responder who has issued a warning.

Supporters told the panel the change is aimed at preventing interference and protecting responders and patients at chaotic scenes. "We need something on the scene right now that a first responder can use," said JJ Jones, a former street officer speaking for police chiefs, describing an episode in which a bystander filmed a traffic stop at close range. Jones said the bill’s warning-plus-buffer approach provides a near-term, on-scene tool rather than relying solely on retrospective investigations.

Hospital representatives requested an exception for health-care settings. "Can we get some space that cannot exceed more than 50 feet?" asked Austin Smallwood of the South Carolina Hospital Association, urging a facility-based cap because building layouts differ. The subcommittee adopted a written amendment that reclassified emergency medical technicians and paramedics into the first-responder category and permitted health-care facilities to determine a safe distance after a warning, not to exceed 50 feet.

Emergency medical services leaders also backed the bill. "This bill is instrumental in ensuring it's not just the safety of our workers, but the safety of our patients," said Henry Lewis of the South Carolina Emergency Medical Services Association, citing the high volume of chaotic calls EMS crews face.

Civil liberties advocates warned the measure could chill protected activity. "This bill could violate the First Amendment because it could curb and chill free speech," said Courtney Thomas, advocacy director for the ACLU of South Carolina, who contended the bill’s emotional-distress and intent language is vague and could be applied to people lawfully observing or recording police. The transcript shows committee members acknowledged vagueness concerns and discussed possible clarifications, including severability language to prevent a court striking one provision from invalidating the rest of the law.

Law enforcement and firefighter groups emphasized the bill is preventive, not designed to silence observers. "It does not prevent observation, recording, or peaceful expression," said Cindy Condouris of the South Carolina Fraternal Order of Police, while Sally Foster of the South Carolina Sheriffs Association cited similar statutes in other states and said the 25-foot standard has been upheld in some jurisdictions. Jamie Helms of the South Carolina State Firefighters Association said a clear perimeter helps firefighters operate safely on fire scenes.

Committee members also approved a clarifying amendment to specify the statute covers state and local law enforcement. After a roll call, the chair announced that the bill was reported favorably as amended.

The subcommittee’s action moves H.4763 forward in the legislative process; committee members indicated further debate and possible refinements could occur in full committee and on the House floor. No final enactment or effective date was set during the hearing.