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. 0156
Fiscal Impact Summary
This bill creates a new felony offense for fentanyl-induced homicide, establishes an associated
penalty, and establishes that it is not a defense that a decedent contributed to his own death
through his ingestion of fentanyl or a fentanyl-related substance or his consenting to the
administration of fentanyl or a fentanyl-related substance by another person, unless there is clear
and convincing evidence that the decedent intended to commit suicide.
This bill may result in an increase in the number of circuit court cases, and potentially the
number of incarcerations, which may increase the workload of the court system and 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. 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. 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.
As this bill creates new offenses, this may result in an increase of General Fund, Other Funds,
and local fine revenue. However, as the number of such offenses and the resulting fines and fees
that might occur in a given year is unknown, the revenue impact is undetermined.
Explanation of Fiscal Impact
Introduced on January 14, 2025
State Expenditure
This bill creates a new felony offense for fentanyl-induced homicide, which is defined as the
unlawful delivery, dispensation, or provision of fentanyl or a fentanyl related substance to
another person who dies as a result of his injection, inhalation, absorption, or ingestion of such
substance. A person convicted of this offense must be imprisoned for not more than thirty years.
It is not a defense that a decedent contributed to his own death through his ingestion of fentanyl
or a fentanyl-related substance or his consenting to the administration of fentanyl or fentanyl-
related substance by another person, unless there is clear and convincing evidence that the
decedent intended to commit suicide. Persons charged for these offenses may also be charged
for other drug-related offenses, including assisted suicide.
Bill Number: S. 0156 Introduced on Januar
y 14, 2025
Subject: Fentan yl Induced Homicide
Requestor: Senate Judiciary
RFA Analyst(s): Gardner
Impact Date: January 28, 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.
Page 2 of 2
S. 0156
This bill may result in an increase in the number of circuit court cases, and potentially the
number of incarcerations, which may increase the workload of the court system and 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. 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. 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 an increase 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 RFA
anticipates this bill may result in an undetermined impact to General Fund and Other Funds
revenue due to the increase in fines and fees collections in court.
Local Expenditure
N/A
Local Revenue
This bill may result in an increase 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 an undetermined impact to local revenue due to the increase in fines and
fees collections in court.