South Carolina S 99: Enhancement of penalties on assault crimes

Bill Text

2025-2026 Bill 99 Text of Previous Version (Apr. 16, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 99

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 Report

April 16, 2025

S. 99

Introduced 
by Senator Matthews 

S. Printed 4/16/25--S.

Read the first time January 14, 2025

________

The committee on Senate 
Judiciary

To whom was referred a Bill (S. 99) to 
amend the South Carolina Code of Laws by adding Article 22 to Chapter 3, Title 
16 so as to provide additional penalties for persons who commit certain 
delineated, 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 16-3-2410(A)(1) and (2) and inserting:

(1) 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, 
political views, sex, gender, national 
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).

 (2) For 
purposes of this article, the definition of "sex" shall conform to the 
definition as set forth in the majority's holding in Bostock v. Clayton County, 
Georgia, 140 S.Ct. 1731 (2020).

Renumber sections to conform.

Amend title to conform.

LUKE RANKIN for 
Committee.

_______

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING 
ARTICLE 22 TO CHAPTER 3, TITLE 16 SO AS TO PROVIDE ADDITIONAL PENALTIES FOR 
PERSONS WHO COMMIT CERTAIN DELINEATED CRIMES WHEN THE VICTIM WAS INTENTIONALLY 
SELECTED BASED ON CERTAIN FACTORS, AND TO PROVIDE THAT VICTIMS OF A VIOLATION 
OF THE ARTICLE MAY BRING A CIVIL ACTION FOR DAMAGES SUSTAINED.

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

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

Article 22

Enhancement of Penalties on Assault Crimes

 Section 
16-3-2410. (A)(1) 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 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).

 (2) 
For purposes of this article, the definition of "sex" shall conform to the 
definition as set forth in the majority's holding in Bostock v. Clayton County, 
Georgia, 140 S.Ct. 1731 (2020).

 (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 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 2. This act takes effect upon approval 
by the Governor.

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