Bill > S0099

This bill amends South Carolina law to enhance penalties for violent crimes or assault by mob when the victim is intentionally targeted based on their race, color, religion, sex, gender, national orientation, or physical or mental disability. Specifically, if a court determines beyond a reasonable doubt that the crime was motivated by bias against the victim (even if the perceived characteristic is incorrect), the perpetrator can be subject to additional penalties, including a fine of up to $10,000 and an additional imprisonment term of up to five years. The bill adopts the definition of "sex" from the Supreme Court's Bostock v. Clayton County decision, which broadly interprets sex discrimination. To impose these enhanced penalties, the bias motivation must be specifically charged in the indictment, and the defendant must be found guilty of the underlying offense. The court will allow evidence to be presented about the potential bias motivation and require the jury to render a special verdict on this issue. The enhanced penalties are designed to provide additional legal protection and deterrence for crimes targeting individuals based on personal characteristics, signaling a strong legislative stance against bias-motivated violence. The law will take effect upon the Governor's approval.

Justice

https://www.scstatehouse.gov/billsearch.php?billnumbers=99&session=126&summary=B