South Carolina H 3520: SC Street Gang and Criminal Enterprise Prevention and Anti-Racketeering Act

Bill Text

2025-2026 Bill 3520 Text of Previous Version (Feb. 05, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3520

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 
"SOUTH CAROLINA STREET GANG AND CRIMINAL ENTERPRISE PREVENTION AND 
ANTI-RACKETEERING ACT"; BY AMENDING ARTICLE 3 OF CHAPTER 8, TITLE 16, RELATING 
TO THE CRIMINAL GANG PREVENTION ACT, SO AS TO RETITLE THE ARTICLE, REVISE THE 
DEFINITIONS FOR PURPOSES OF THE ARTICLE, AND RESTRUCTURE THE ARTICLE AND THE 
OFFENSES AND PENALTIES CONTAINED WITHIN IT; AND BY ADDING ARTICLE 5 TO CHAPTER 
8, TITLE 16 SO AS TO CREATE ANTI-RACKETEERING PROVISIONS TO COMPLIMENT THE 
REVISED STREET GANG AND CRIMINAL ENTERPRISE PREVENTION ARTICLE, DEFINE 
NECESSARY TERMS, CREATE VARIOUS RACKETEERING OFFENSES AND ESTABLISH PENALTIES 
FOR VIOLATIONS, AND PROVIDE FOR FORFEITURE OF ASSETS USED IN A VIOLATION OF 
RACKETEERING PROVISIONS.

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

SECTION 1. This act may be cited as the "South Carolina Street Gang and Criminal 
Enterprise Prevention and Anti-Racketeering Act."

SECTION 2. The 
General Assembly finds that:

 (1) It is the 
right of every person, regardless of race, color, creed, religion, national 
origin, sex, age, sexual orientation, or handicap to be secure and protected 
from fear, intimidation, and physical harm caused by the activities of criminal 
gangs and criminal gang members. It is not the intent of this act to interfere 
with the exercise of the constitutionally protected rights of freedom of 
expression and association. The General Assembly recognizes the constitutional 
right of every citizen to harbor and express beliefs on any lawful subject, to 
lawfully associate with others who share similar beliefs, to petition lawfully 
constituted authority for a redress of perceived grievances, and to participate 
in the electoral process.

 (2) The State of 
South Carolina is facing a mounting crisis caused by criminal gangs whose 
members threaten and terrorize peaceful citizens and commit a multitude of 
crimes. These criminal gang activities, both individually and collectively, 
present a clear and present danger. The State has a compelling interest in 
preventing criminal gang activity, and the General Assembly finds that the 
provisions of this act are necessary to maintain the public order and safety.

 (3) The 
substantial harm inflicted on the people and economy of this State by pervasive 
violent street gangs and other forms of criminal enterprise is legitimately a 
matter of grave concern to the people of this State who have a basic right to 
be protected from that criminal activity and to be given adequate remedies to 
redress its harms. Street gangs, in particular, are responsible for a 
disproportionate amount of violent, sexual, and property crime which often 
involves the recruitment, use, or victimization of minors.

 (4) The current 
laws of this State provide inadequate remedies, procedures, and punishments and 
the General Assembly finds the provisions of this act necessary to address 
those inadequacies for the common good of this State and its people.

 (5) The General 
Assembly finds that the most effective punishment and deterrence of the 
criminal activities of criminal street gangs is not just through incarceration 
where appropriate, but also through forfeiture of the profits, proceeds, and 
instrumentalities acquired, accumulated, or used by criminal street gangs.

 (6) It is the 
intent of the General Assembly to eradicate the terror created by criminal 
gangs by providing enhanced penalties and by eliminating the patterns, profits, 
proceeds, instrumentalities, and property facilitating criminal gang activity, 
including criminal gang recruitment.

SECTION 3. Article 3, Chapter 8, Title 16 of the S.C. Code is 
amended to read:

Article 3

CriminalSouth Carolina Street Gang and 
Criminal Enterprise Prevention Act

 Section 
16-8-210. This article may be cited as the "CriminalSouth Carolina Street Gang and 
Criminal Enterprise Prevention Act".

 Section 
16-8-230. As used in this article:

 (1) "Contraband" means any 
real or personal property, including money, that is owned by, in the possession 
of, or subject to the control of a criminal gang member and which is acquired 
by, derived from, or traceable to criminal gang activity.

 (2) "Criminal gang" means a 
formal or informal ongoing organization, association, or group that consists of 
five or more persons who form for the purpose of committing criminal activity 
and who knowingly and actively participate in a pattern of criminal gang 
activity.

 (3) "Criminal gang member" 
means an individual who is an active member of a criminal gang.

 (4) "Pattern of criminal 
gang activity" means the commissio