Bill > H3039

This bill, named after Senator Clementa C. Pinckney, establishes a hate crimes enhancement provision in South Carolina law that allows for additional penalties when a violent crime or assault by mob is committed against a victim who was intentionally targeted because of their race, color, religion, sex, gender, national origin, sexual orientation, or physical or mental disability. If a court determines beyond a reasonable doubt that the crime was motivated by bias against any of these characteristics, the offender can be subject to an additional fine of up to $10,000 and an additional prison sentence of up to five years on top of the penalties for the underlying offense. To apply these enhanced penalties, the hate crime motivation must be specifically charged in the indictment, and the defendant must be found guilty of the original offense. The prosecution and defense will be allowed to present evidence regarding the defendant's motivation, and the court must instruct the jury to render a special verdict on whether the hate crime enhancement applies. The law will take effect upon approval by the Governor, creating a legal mechanism to more severely punish crimes motivated by bias or prejudice.

Justice

https://www.scstatehouse.gov/billsearch.php?billnumbers=3039&session=126&summary=B