South Carolina H 3063: Hate Crimes

Bill Text

South Carolina General Assembly

123rd Session, 2019-2020



H. 3063



STATUS INFORMATION



General Bill

Sponsors: Reps. Gilliard, Thigpen, Cobb‑Hunter, Henderson‑Myers, Govan, Robinson, Dillard, Mack, Anderson, McKnight, Bamberg, Brown, Moore, King, Pendarvis, Alexander, Hart, Jefferson, R. Williams, Rutherford, Henegan, Rivers, Garvin, McCoy, Rose, Hosey, McDaniel, Ott, Bernstein, Ridgeway, Brawley and Herbkersman

Document Path: l:\council\bills\bh\7025ahb19.docx

Companion/Similar bill(s): 3068



Introduced in the House on January 8, 2019

Currently residing in the House Committee on Judiciary



Summary: Hate Crimes





HISTORY OF LEGISLATIVE ACTIONS



	Date	Body	Action Description with journal page number	

	12/18/2018	House	Prefiled

	12/18/2018	House	Referred to Committee on Judiciary

	1/8/2019	House	Introduced and read first time (House Journal‑page 72)

	1/8/2019	House	Referred to Committee on Judiciary (House Journal‑page 72)

	1/31/2019	House	Member(s) request name added as sponsor: Henderson‑Myers

	2/13/2019	House	Member(s) request name added as sponsor: Govan, Robinson, Dillard, Mack, Anderson, McKnight, Bamberg, Brown, Moore, King, Pendarvis, Alexander, Hart, Jefferson, R.Williams, Rutherford, Henegan

	2/20/2019	House	Member(s) request name added as sponsor: Rivers

	3/26/2019	House	Member(s) request name added as sponsor: Garvin

	4/3/2019	House	Member(s) request name added as sponsor: McCoy, Rose

	5/21/2019	House	Member(s) request name added as sponsor: Hosey, McDaniel, Ott

	1/14/2020	House	Member(s) request name added as sponsor: Bernstein

	1/15/2020	House	Member(s) request name added as sponsor: Ridgeway

	1/30/2020	House	Member(s) request name added as sponsor: Brawley

	6/24/2020	House	Member(s) request name added as sponsor: Herbkersman



View the latest legislative information at the website





VERSIONS OF THIS BILL



12/18/2018





















A BILL



TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 20 TO CHAPTER 3, TITLE 16 SO AS TO PROVIDE PENALTIES FOR A PERSON CONVICTED OF A CRIME CONTAINED IN THIS CHAPTER WITH THE INTENT TO ASSAULT, INTIMIDATE, OR THREATEN A PERSON BECAUSE OF HIS RACE, RELIGION, COLOR, SEX, AGE, NATIONAL ORIGIN, SEXUAL ORIENTATION, OR HOMELESSNESS; AND TO AMEND SECTIONS 16‑11‑510 AND 16‑11‑520, RELATING TO MALICIOUS INJURY TO PERSONAL AND REAL PROPERTY, SO AS TO REVISE THE PENALTIES FOR MALICIOUS INJURY TO REAL PROPERTY OFFENSES AND TO PROVIDE ADDITIONAL PENALTIES FOR PERSONS WHO MALICIOUSLY INJURE PERSONAL OR REAL PROPERTY OF ANOTHER PERSON WITH THE INTENT TO ASSAULT, INTIMIDATE, OR THREATEN THAT PERSON.



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



SECTION	1.	Chapter 3, Title 16 of the 1976 Code is amended by adding:



“Article 20



Hate Crimes



	Section 16‑3‑2210.	A person who commits an offense contained in this chapter with the intent to assault, intimidate, or threaten a person because of his race, religion, color, sex, age, national origin, sexual orientation, or homelessness is guilty of a felony and, upon conviction, must be fined not less than two thousand dollars nor more than ten thousand dollars, or imprisoned not less than two years nor more than fifteen years, or both.  Two thousand dollars of a fine and two years of a sentence imposed pursuant to the provisions of this article may not be suspended.  A sentence imposed pursuant to the provisions of this section is in addition to any other sentence imposed for another offense and is not a lesser‑included offense of another offense; and any sentence imposed pursuant to the provisions of this section must be served consecutively.  For purposes of this section, ‘sexual orientation’ means a person’s actual or perceived heterosexuality, bisexuality, homosexuality, or gender identity or expression.” 



SECTION	2.	Section 16‑11‑510 of the 1976 Code is amended to read:



	“Section 16‑11‑510.	(A)	It is unlawful for a person to wilfully and maliciously cut, shoot, maim, wound, or otherwise injure or destroy any horse, mule, cattle, hog, sheep, goat, or any other kind, class, article, or description of personal property, or the goods and chattels of another.

	(B)	A person who violates the provisions of this section is guilty of a:

		(1)	felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the injury to the property or the property loss is worth ten thousand dollars or more;

		(2)	felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the injury to the property or the property loss is worth more than two thousand dollars but less than ten thousand dollars;

		(3)	misdemeanor triable in magistrates court or municipal court, notwithstanding the provisions of Sections 22‑3‑540, 22‑3‑545, 22‑3‑550, and 14‑25‑65, if the injury to the property or the property loss is worth two thousand dollars o