South Carolina H 3039: Cost-analysis sentencing reports

Bill Text

2025-2026 Bill 3039 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3039

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE 
"SENATOR CLEMENTA C. PINCKNEY HATE CRIMES ACT"; AND BY ADDING ARTICLE 22 TO 
CHAPTER 3, TITLE 16 SO AS TO ENTITLE THE ARTICLE "PENALTY ENHANCEMENTS FOR 
CERTAIN CRIMES," TO PROVIDE ADDITIONAL PENALTIES FOR PERSONS WHO COMMIT CERTAIN 
DELINEATED CRIMES WHEN THE VICTIM WAS INTENTIONALLY SELECTED BASED ON CERTAIN 
FACTORS.

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

SECTION 1. This act may be cited as the "Senator Clementa C. Pinckney Hate Crimes 
Act."

SECTION 2. Chapter 3, Title 16 of the S.C. Code is amended by 
adding:

Article 22

Penalty Enhancements for Certain Crimes

 Section 
16-3-2410. (A) When a person commits 
a violent crime as defined in Section 16-1-60 or commits assault by mob in the 
second degree as defined in Section 16-3-210(C) and the trier of fact 
determines beyond a reasonable doubt that the offense was committed against a 
victim who was intentionally selected, in whole or in part, because of the 
person's belief or perception regarding the victim's race, color, religion, 
sex, gender, national origin, sexual orientation, or physical or mental 
disability, whether or not the perception is correct, the person is subject to 
additional penalties as provided in subsection (B).

 (B) A 
person who violates the provisions of subsection (A) and commits a violent 
crime as defined in Section 16-1-60 or commits assault by mob in the second 
degree as defined in Section 16-3-210(C), upon conviction, is subject to an 
additional fine of not more than ten thousand dollars and an additional term of 
imprisonment of up to five years.

 (C) The 
provisions of this section provide for the enhancement of the penalties 
applicable to underlying offenses. The court shall permit the prosecuting 
agency and the defense to present evidence relevant to the determination of 
whether the defendant intentionally selected the person against whom the 
offense is committed, in whole or in part, because of the person's belief or 
perception regarding one or more of the factors provided in subsection (A), 
whether or not the perception is correct. The court with competent jurisdiction 
over the underlying offense shall instruct the trier of fact to find a special 
verdict as to a violation of the provisions of this section.

 (D) The 
additional penalties described in subsection (B) may not be imposed unless the 
person was indicted, either separately or as a separate count in the indictment 
for the underlying offense, for the offense pursuant to this section committed 
against the victim who was intentionally selected, in whole or in part, because 
of the person's belief or perception regarding one or more of the factors 
provided in subsection (A), whether or not the perception is correct, and the 
person was found guilty of the underlying offense.

SECTION 3. This act takes effect upon approval 
by the Governor.

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This web page was last updated on December 06, 2024 at 09:51 AM