The bill S. 239 aims to amend the South Carolina Code of Laws by introducing new provisions that facilitate the immediate removal of unlawful occupants from residential properties. It establishes a process whereby property owners or their authorized agents can request the sheriff's assistance in removing individuals unlawfully occupying their dwellings, provided certain conditions are met. These conditions include the property owner being the rightful owner or authorized agent, the property being a residential dwelling, and the unlawful occupants not being current or former tenants or immediate family members. A formal complaint must be submitted to the sheriff using a specified form, which includes declarations under penalty of perjury regarding the circumstances of the unlawful occupation.

Additionally, the bill introduces penalties for unlawful detainment or occupation of residential properties. It classifies intentional damage to a dwelling causing over $1,000 in damages as a felony, punishable by up to fifteen years in prison and fines up to $10,000. It also criminalizes the presentation of false documents related to property rights as a misdemeanor and establishes severe penalties for individuals who knowingly sell or lease properties without legal authority. The bill emphasizes the rights of property owners and law enforcement in addressing unlawful occupancy while providing a legal framework for civil actions in cases of wrongful removal.

Statutes affected:
01/16/2025: 27-1-80, 16-11-40
Latest Version: 27-1-80, 16-11-40