SOUTH CAROLINA REVENUE AND FISCAL AFFAIRS OFFICE
S
TATEMENT OF ESTIMATED FISCAL IMPACT
WWW.RFA.SC.GOV • (803)734-3793
This fiscal impact statement is produced in compliance with the South Carolina Code of Laws and House and Senate rules. The focus of
the analysis is on governmental expenditure and revenue impacts and may not provide a comprehensive summary of the legislation.
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S. 0076
Fiscal Impact Summary
This bill restructures provisions related to criminal gang activity by revising related offenses and
the associated penalty schedule. It also creates the Anti-Racketeering Act, which creates new
felony offenses and establishes associated penalties.
This bill may result in an increase in the number of cases heard in circuit court, the number of
cases handled by the Attorney General’s Office, and potentially the number of incarcerations.
This may increase the workload of the court system and the Attorney General’s Office, the
Department of Juvenile Justice (DJJ), the Commission of Indigent Defense, the Commission on
Prosecution Coordination, the Department of Corrections (Corrections), and Probation, Parole
and Pardon Services (PPP). The potential increase in expenses for each agency will depend upon
the increase in the number of cases and number of incarcerations. Most of these agencies
indicate that if this bill results in a significant increase in the workload, then an increase in
General Fund appropriations may be requested; however, DJJ anticipates any additional increase
in caseload due to this bill can be managed within existing appropriations. For information,
according to Corrections, in FY 2023-24, the annual total cost per inmate was $40,429, of which
$36,553 was state funded.
This bill may result in a change in the fines and fees collected in court. Court fines and fees are
distributed to the General Fund, Other Funds, and local funds. Therefore, the Revenue and
Fiscal Affairs Office (RFA) anticipates this bill may result in a change to General Fund, Other
Funds, and local funds revenue due to any change in fines and fees collections in court.
Explanation of Fiscal Impact
Introduced on January 14, 2025
State Expenditure
This bill restructures provisions related to criminal gang activity and creates the Anti-
Racketeering Act.
Criminal Gang Activity
Newly added acts that qualify as criminal gang activity include but are not limited to: common
law extortion, computer crimes, retail theft, common law obstruction of justice, criminal trespass
or criminal property damage, and offenses carrying a potential penalty of at least five years of
Bill Number: S. 0076 Introduced on January 14, 2025
Subject: Criminal Gan g and Anti-Racketeering
Requestor: Senate Judiciary
RFA Analyst(s): Gardner
Impact Date: February 13, 2025
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S. 0076
imprisonment. The definition of criminal gang has been revised to lower the number of persons
comprising the group from five to three and no longer includes the requirement that members
knowingly and actively participate in the criminal activity.
The bill also specifies that the use or threat of physical violence against another person with the
intent to coerce him into actively participating in criminal gang activity is unlawful and
restructures the associated penalty schedule. The bill breaks down this general offense into more
specific criminal gang activity offenses and provides for a revised penalty schedule as follows:
Current: §16-8-240(A) Revised Offenses: §16-8-240
Use of threat to use physical violence
against another to coerce participation in
criminal gang activity or prevent
withdrawal from such activity
(A) Unlawful for person associated with criminal
gang to conduct or participate in criminal gang
activity
First offense, misdemeanor
Fine of ≤$1,000,
imprisonment for ≤2
years, or both
(B) Unlawful to cause, encourage, solicit, recruit,
or coerce another to become a member or
associate of a criminal gang or participate in
criminal
gang activity
Second or subsequent offense, felony
Fine of ≤$5,000,
imprisonment for ≤5
years, or both
(C) Unlawful to convey threat of injury or damage
to person or his property, or any associate or
relative thereof, with intent to deter person from
withdrawin
g from criminal gang
Current: §16-8-240(B)
(D) Unlawful to convey threat of injury or
damage to person or his property, or any associate
or relative thereof, with intent to punish or
retaliate against person for withdrawing from
criminal
gang
Use of a firearm or deadly weapon to
commit an act under § 16-8-240(A)
(E) Unlawful to convey threat of injury or damage
to person or his property, or any associate or
relative thereof, with intent to punish or retaliate
against person for refusing to become member of
criminal gang
Enhanced penalty
Additional fine of
≤$10,000,
imprisonment for ≤10
years, or both
(F) Unlawful to convey threat of injury or damage
to person or his property, or any associate or
relative thereof, with intent to punish or retaliate
against person for providing testimony against
criminal gang or its members
Current: §16-8-240(C)
(G) Unlawful to convey threat of injury or
damage to person or his property, or any associate
or relative thereof, with intent to punish or
retaliate against person for providing testimony
against criminal gang or its members to law
enforcement or those involved with judicial
s
ystem
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S. 0076
Commission of an act under § 16-8-
240(A) and/or (B) where the person
coerced is under the age of 18
Revised Penalty Schedule: §16-8-240(H)(1),
Felony Offense
Additional term
of imprisonment
Expanded prison
sentence of an
additional 3 years
Offenses (A)-(B)
Imprisonment for ≥5 years
but ≤20 years, to be
served consecutively to
any other sentence
impose
d
Current: §16-8-240(D)
Revised Penalty Schedule: §16-8-240(H)(2),
Felony Offense
Commission of an act under § 16-8-
240(A), (B), and/or (C) creates a civil
cause of action by an affected person
against a criminal gang or criminal gang
member
Offenses (C)-(G)
Fine of ≥$10,000 but
≤$15,000, imprisonment
for ≥5 years but ≤20
years, or both, plus
restitutio
n
Enhanced Penalty: §16-8-240(H)(3)
Offenses (A)-(G), where solicitation or coercion was of person under 18
years of age
Expanded prison sentence
of an additional 3 years,
served consecutively to
any other sentence
impose
d
Racketeering
In addition, the bill creates the Anti-Racketeering Act, which makes conforming changes to
relevant sections of law with regard to illegal activity conducted for monetary gain. The bill also
makes it unlawful for a person to conspire or engage in the affairs of an enterprise through
racketeering or to invest income derived from such activities and establishes the following
penalty schedule:
New Felony Offense: §16-8-540, Unlawful Racketeering
First Offense
Fine not to exceed the greater of $25,000 or 3 times amount of any
pecuniary value gained from violation, imprisonment for ≥5 years but ≤20
years—no part of which may be suspended nor probation granted—or both
Second or
Subsequent
Offense
Fine not to exceed the greater of $25,000 or 3 times amount of any
pecuniary value gained from violation, imprisonment for ≥10 years but
≤20 years—no part of which may be suspended nor probation granted—or
both
__________________________________
Frank A. Rainwater, Executive Director
DISCLAIMER: THIS FISCAL IMPACT STATEMENT REPRESENTS THE OPINION AND INTERPRETATION OF THE
AGENCY OFFICIAL WHO APPROVED AND SIGNED THIS DOCUMENT. IT IS PROVIDED AS INFORMATION TO
THE GENERAL ASSEMBLY AND IS NOT TO BE CONSIDERED AS AN EXPRESSION OF LEGISLATIVE INTENT.
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S. 0076
The circuit court, which must determine the amount of the fine assessed for an act of unlawful
racketeering, may enjoin violations, require a defendant to divest himself of any interest in
unlawfully seized property, restrict a defendant’s future activities or investments, order
dissolution or reorganization of any enterprise, or suspend or revoke any license, permit, or prior
approval granted to any enterprise by any agency or subdivision of the state. The bill provides
that an aggrieved person may institute a civil action to request injunctive relief from threatened
loss or damage and allows for the issuance of a temporary restraining order and a preliminary
injunction before a final determination is made as to the merits of the civil action. Persons
affected by unlawful racketeering are provided with a cause of action for three times the actual
damages sustained and awarding of punitive damages under certain circumstances and may
request a jury trial.
The bill also provides that, for purposes of a criminal proceeding, racketeering will be considered
to have occurred in the county in which the offense was committed or where an interest or
control of an enterprise or real or personal property is acquired or maintained.
This bill may result in an increase in the number of cases heard in circuit court, the number of
cases handled by the Attorney General’s Office, and potentially the number of incarcerations.
This may increase the workload of the court system and the Attorney General’s Office, DJJ, the
Commission of Indigent Defense, the Commission on Prosecution Coordination, Corrections,
and PPP. The potential increase in expenses for each agency will depend upon the increase in
the number of cases and number of incarcerations. Most of these agencies indicate that if this
bill results in a significant increase in the workload, then an increase in General Fund
appropriations may be requested; however, DJJ anticipates any additional increase in caseload
due to this bill can be managed within existing appropriations. For information, according to
Corrections, in FY 2023-24, the annual total cost per inmate was $40,429, of which $36,553 was
state funded.
State Revenue
This bill may result in a change in the fines and fees collected in court. Court fines and fees are
distributed to the General Fund, Other Funds, and local funds. Therefore, RFA anticipates this
bill may result in a change to General Fund and Other Funds revenue due to any change in fines
and fees collections in court.
Local Expenditure
N/A
Local Revenue
This bill may result in a change in the fines and fees collected in court. Court fines and fees are
distributed to the General Fund, Other Funds, and local funds. Therefore, RFA anticipates this
bill may result in a change to local funds revenue due to any change in fines and fees collections
in court.