Indicates Matter Stricken

Indicates New Matter

 

Committee Report

March 26, 2025

 

S. 156

 

Introduced by Senators Alexander, Rankin, Garrett, Stubbs, Adams, Bennett, Kimbrell, Young, Turner and Peeler

 

S. Printed 3/26/25--H.

Read the first time March 4, 2025

 

________

 

The committee on HOUSE Judiciary

To whom was referred a Bill (S. 156) to amend the South Carolina Code of Laws by adding Section 16-3-80 so as to create the offense of fentanyl-induced homicide, to provide a penalty for a violation, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

 

    Amend the bill, as and if amended, SECTION 1, by striking Section 16-3-80(A) and inserting:

    (A) A person who knowingly and unlawfully delivers, dispenses, or otherwise provides fentanyl or a fentanyl-related substance as defined in Section 44-53-190(B) and Section 44-53-210(c)(6) to another person, in violation of the provisions of Section 44-53-37044-53-370(e)(9), commits the felony offense of fentanyl-induced homicide if the proximate direct cause of the death of any other person is the injection, inhalation, absorption, or ingestion of any amount of the fentanyl or fentanyl-related substance that was unlawfully delivered, dispensed, or otherwise provided.

Renumber sections to conform.

Amend title to conform.

 

W. NEWTON for Committee.

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

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.

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.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 16-3-80 SO AS TO CREATE THE OFFENSE OF FENTANYL-INDUCED HOMICIDE, TO PROVIDE A PENALTY FOR A VIOLATION, AND TO PROHIBIT AN AFFIRMATIVE DEFENSE; AND BY AMENDING SECTION 16-1-10, RELATING TO A LIST OF EXCEPTIONS FOR FELONIES AND MISDEMEANORS, SO AS TO ADD FENTANYL-INDUCED HOMICIDE.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Article 1, Chapter 3, Title 16 of the S.C. Code is amended by adding:

 

    Section 16-3-80. (A) A person who knowingly and unlawfully delivers, dispenses, or otherwise provides fentanyl or a fentanyl-related substance as defined in Section 44-53-190(B) and Section 44-53-210(c)(6) to another person, in violation of the provisions of Section 44-53-370, commits the felony offense of fentanyl-induced homicide if the proximate cause of the death of any other person is the injection, inhalation, absorption, or ingestion of any amount of the fentanyl or fentanyl-related substance that was unlawfully delivered, dispensed, or otherwise provided.

    (B) A person convicted of a fentanyl-induced homicide pursuant to the provisions of this section must be imprisoned not more than thirty years.

    (C) It is not a defense pursuant to this section that a decedent contributed to his own death by his purposeful, knowing, reckless, or negligent injection, inhalation, absorption, or ingestion of the controlled substance or by his consenting to the administration of the controlled substance by another person, unless there exists clear and convincing evidence that the decedent intended to commit suicide. This section does not prohibit a person from being arrested, charged, or prosecuted for any other applicable offense, whether or not the offense arises from the same circumstances as provided in this section.

 

SECTION 2.  Section 16-1-10(D) of the S.C. Code is amended by adding a new offense to read:

 

    Section 16-3-80. Fentanyl-induced homicide

 

SECTION 3.  The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide.  After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

 

SECTION 4.  This act takes effect upon approval by the Governor.

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