South Carolina S 76: Criminal Gang and Anti-Racketeering

Bill Text

2025-2026 Bill 76 Text of Previous Version (Jan. 26, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 76

Indicates Matter Stricken
Indicates New Matter

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

Indicates Matter Stricken

Indicates New Matter

Committee Amendment Adopted and Amended

January 21, 2026

S. 76

Introduced by Senators Hembree, Grooms, Young, 
Goldfinch, Sabb, Alexander, Kennedy, Cromer, Zell, Williams and Garrett 

S. Printed 1/21/26--S. [SEC 
1/26/2026 2:57 PM]

Read the first time January 14, 2025

________

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING 
SECTION 16-8-230, RELATING TO DEFINITIONS, SO AS TO PROVIDE APPROPRIATE 
DEFINITIONS; BY AMENDING SECTION 16-8-240, RELATING TO USE OF OR THREAT OF 
PHYSICAL VIOLENCE BY CRIMINAL GANG MEMBERS AND PENALTIES, SO AS TO ESTABLISH 
UNLAWFUL CRIMINAL GANG ACTIVITY; BY ADDING SECTION 16-8-245 SO AS TO PROVIDE ADMISSIBILITY 
OF CRIMINAL GANG AND CRIMINAL GANG ACTIVITY EVIDENCE DURING A TRIAL OR 
PROCEEDING; BY AMENDING SECTION 16-8-250, RELATING TO PREVENTING WITNESSES OR 
VICTIMS FROM TESTIFYING AND PENALTIES, SO AS TO PROVIDE A MECHANISM TO ABATE A 
PUBLIC NUISANCE OF REAL PROPERTY USED BY A CRIMINAL GANG; BY ADDING SECTION 
16-8-275 SO AS TO PROVIDE ADMISSIBILITY IN A CRIMINAL PROCEEDING OF THE 
ACCUSED'S COMMISSION OF CRIMINAL GANG ACTIVITY; BY ADDING SECTION 16-8-520 SO 
AS TO PROVIDE APPROPRIATE DEFINITIONS FOR THE ANTI-RACKETEERING ACT; BY ADDING 
SECTION 16-8-530 SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON TO ENGAGE IN 
RACKETEERING ACTIVITY; BY ADDING SECTION 16-8-540 SO AS TO PROVIDE CRIMINAL 
PENALTIES FOR ENGAGING IN RACKETEERING ACTIVITY; BY ADDING SECTION 16-8-550 SO 
AS TO PROVIDE THAT THE CIRCUIT COURT MAY ENJOIN VIOLATIONS OF THE 
ANTI-RACKETEERING ACT BY ISSUING APPROPRIATE ORDERS; BY ADDING SECTION 16-8-560 
SO AS TO ESTABLISH JURISDICTION FOR RACKETEERING ACTIVITY; BY ADDING SECTION 
16-8-570 SO AS TO PROVIDE PROTECTION FROM DISCLOSURE OF INFORMANTS; AND BY 
AMENDING SECTION 14-7-1630, RELATING TO JURISDICTION OF JURIES, NOTIFICATION TO 
IMPANEL JURIES, POWERS AND DUTIES OF IMPANELING AND PRESIDING JUDGES, THE 
TRANSFER OF INCOMPLETE INVESTIGATIONS, EFFECTIVE DATES AND NOTICE REQUIREMENTS 
WITH RESPECT TO ORDERS OF JUDGE, AND APPEALS, SO AS TO ADD THE CRIME OF 
RACKETEERING TO THE JURISDICTION OF THE STATE GRAND JURY.

 Amend Title To Conform

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

SECTION 1. Section 16-8-230 of the S.C. Code is amended to read:

 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 commission or attempted commission of, commission as an accessory 
before or after the fact to, or solicitation or conspiracy to commit, by a 
criminal gang member, while knowingly and actively participating in criminal 
gang activity, four or more of the following offenses occurring within a 
two-year period, provided that at least three of these offenses occurred after 
July 1, 2007:

 (a) a violent offense as defined in 
Section 16-1-60 committed as a part of criminal gang activity;

 (b) financial transaction card crimes 
as defined in Chapter 14 of Title 16 committed as a part of criminal gang 
activity;

 (c) first degree lynching as defined in 
Section 16-3-210 committed as a part of criminal gang activity;

 (d) second degree lynching as defined 
in Section 16-3-220 committed as a part of criminal gang activity;

 (e) breaking into a motor vehicle as 
defined in Section 16-13-160 committed as a part of criminal gang activity;

 (f) grand larceny as defined in Section 
16-13-30 committed as a part of criminal gang activity;

 (g) blackmail as defined in Section 
16-17-640 committed as a part of criminal gang activity;

 (h) malicious injury to property as 
defined in Sections 16-11-510, 16-11-520, 16-11-530, and 16-11-535 committed as 
a part of criminal gang activity;

 (i) drug offense as defined in Sections 
44-53-370 and 44-53-375 committed as a part of criminal gang activity;

 (j) harassment, stalking, or aggravated 
stalking as defined in Article 17, Chapter 3 of Title 16 committed as a part of 
criminal gang activity;

 (k) pointing a firearm at any person as 
defined in Section 16-23-410 committed as a part of cr