SOUTH CAROLINA REVENUE AND FISCAL AFFAIRS OFFICE
S
TATEMENT OF ESTIMATED FISCAL IMPACT
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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. 0136
Fiscal Impact Summary
This bill requires the State to dismiss all pending charges against a person for the unlawful
possession of a handgun, pursuant to §16-23-30, where the alleged offense was an act nullified
by the enactment of the S.C. Constitutional Carry/Second Amendment Preservation Act of 2024.
This bill will have no expenditure impact for Judicial, the Commission on Prosecution
Coordination, or the Commission on Indigent Defense. Judicial intends to use existing General
Fund appropriations to manage any modifications in caseloads. Also, the Commission on
Indigent Defense and the Commission on Prosecution Coordination both anticipate being able to
manage the responsibilities of this bill with existing staff and within existing appropriations.
Explanation of Fiscal Impact
Introduced on January 14, 2025
State Expenditure
This bill requires the State to dismiss all pending charges against a person for the unlawful
possession of a handgun, pursuant to §16-23-30, where the alleged offense was an act nullified
by the enactment of the S.C. Constitutional Carry/Second Amendment Preservation Act of 2024.
However, if the unlawful possession of a handgun charge is used as probable cause for another
offense arising out of the same incident, the associated charges are not automatically dismissed.
This bill will have no expenditure impact for Judicial, the Commission on Prosecution
Coordination, or the Commission on Indigent Defense. Judicial intends to use existing General
Fund appropriations to manage any modifications in caseloads. Also, the Commission on
Indigent Defense and the Commission on Prosecution Coordination both anticipate being able to
manage the responsibilities of this bill with existing staff and within existing appropriations.
For information, Judicial noted that as of March 7, 2024, when the S.C. Constitutional
Carry/Second Amendment Preservation Act of 2024 took effect, there were 8,594 pending
charges pursuant to §16-32-30. Of these, 6,063 have been disposed, leaving 2,891 pending
charges that would be impacted. This represents approximately 1.6 percent of pending criminal
cases in circuit court.
Bill Number: S. 0136 Introduced on Januar
y 14, 2025
Subject: Dismissal of Pendin g Gun Possession Charges
Requestor: Senate Judiciary
RFA Analyst(s): Gardner
Impact Date: January 31, 2025
__________________________________
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. 0136
State Revenue
N/A
Local Expenditure
N/A
Local Revenue
N/A