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. 0455
Fiscal Impact Summary
This bill creates the offense of strangulation of another person and establishes an associated
penalty schedule. The bill also provides for an enhanced penalty for instances of aggravated
strangulation. While lack of physical injury to another person is not a defense against
prosecution, it is an affirmative defense when the act of strangulation was committed as part of a
necessary medical procedure or was an otherwise lawful action taken by a person or a member of
law enforcement.
This bill may impact the caseload in general sessions court 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 the Department of Probation, Parole and Pardon Services (PPP). Judicial
indicates that the impact in the caseload in circuit court is expected to be managed within
existing appropriations. However, if this bill results in a significant increase in the caseload
additional General Fund appropriations may be requested. 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.
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 revenue due to the change in fines and fees collections in court.
Explanation of Fiscal Impact
Introduced on March 13, 2025
State Expenditure
The bill provides that the offense of strangulation is committed when an offender knowingly or
intentionally impedes or creates a substantial risk to air flow or blood circulation by external
pressure to the throat, or blocking the victim’s nose or mouth, or applying weight to the torso,
Bill Number: S. 0455 Introduced on March 13, 2025
Subject: Stran gulation
Requestor: Senate Judiciary
RFA Analyst(s): Gardner
Impact Date: April 9, 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. 0455
abdomen, or shoulders so as to restrict a person’s breathing. This offense, which does not
require the intent to kill or to protractedly injure a victim, is punishable by imprisonment for not
less than three years nor more than ten years. Aggravated strangulation occurs when an
offender, at the time the offense is committed, is subject to a valid order of protection or
restraining order, wields a deadly weapon or ligatures, or has a prior conviction for a
strangulation offense. The enhanced penalty for aggravated strangulation requires imprisonment
for not less than ten nor more than twenty years. While lack of physical injury to another person
is not a defense against prosecution, it is an affirmative defense when the act of strangulation
was committed as part of a necessary medical procedure or was an otherwise lawful action taken
by a person or a member of law enforcement.
This bill may impact the caseload in general sessions court and potentially the number of
incarcerations, which may increase the workload of the court system and CID, the Commission
on Prosecution Coordination, Corrections, and PPP. Judicial indicates that the impact in the
caseload in circuit court is expected to be managed within existing appropriations. However, if
this bill results in a significant increase in the caseload additional General Fund appropriations
may be requested. 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 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 the 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 revenue due to the change in fines and fees collections in
court.