Reference is to Printer's Date 1/30/19-H.
Amend the bill, as and if amended, by striking all after the enacting clause and inserting:
/ SECTION 1. Chapter 8, Title 16 of the 1976 Code is amended by adding:
Section 16-8-510. (A)
As used in this section, the term 'act of
violence' means:
(1)
an offense defined as a 'violent crime' pursuant to the
provisions of Section 16-1-60; or
(2)
any other felony offense provided by law that includes an
assault, or use of violence or force against another person,
including a hate crime as provided in Sections 16-3-2210,
16-11-510, and 16-11-520.
(B) Notwithstanding
another provision of law, a person commits the offense of
furthering terrorism if the person makes significant plans or
takes actions toward the commission of an act of violence with
the intent to commit an act of terrorism as defined in Section
16-23-710.
(C) A person who
violates the provisions of this section is guilty of a felony
and, upon conviction, must be imprisoned for not more than
thirty years. A violation of this section is considered a
separate offense from another underlying offense and must be
served consecutively to any sentence imposed on an underlying
offense.
Section 16-8-520. (A)
A person commits the offense of material or
financial support of an act of terrorism or concealment of the
actions or plans of another to carry out an act of terrorism who
knowingly:
(1)
raises, solicits, or collects material support or
resources intending that the material support or resources be
used, in whole or in part, to plan, prepare, carry out, or avoid
apprehension for committing an act of terrorism pursuant to the
provisions of this article or Article 7, Chapter 23, against the
United States or its citizens, this State or its citizens, or a
political subdivision or any other entity of local government
and whose intent is that the material support or resources
raised, solicited, or collected will be used to further,
finance, equip, or assist another person in committing an act of
terrorism as provided herein;
(2)
provides material support or resources to a person knowing
that the person will use that support or resources in whole or
in part, to plan, prepare, carry out, facilitate, or avoid
apprehension for committing an act of terrorism pursuant to the
provisions of this article or Article 7, Chapter 23, against the
United States or its citizens, this State or its citizens, or a
political subdivision or any other instrumentality of this State
or of a local unit of government; or
(3)
conceals the actions or plans of another person who he
knows is engaged in an act of terrorism which is prohibited by
the provisions of this article or Article 7, Chapter 23.
(B) The term 'material
support or resources' as used in this section includes, but is
not limited to, financial or monetary assets.
(C) A person who
violates the provisions of this section is guilty of a felony
and, upon conviction, must be imprisoned for not more than
twenty years.
Section 16-8-530. All real and personal property of every kind used or intended for use in the course of, derived from, or realized through an offense punishable pursuant to this article is subject to lawful seizure and forfeiture to the State pursuant to the applicable provisions of Section 16-23-1770."
SECTION 2. Chapter 3, Title 16 of the 1976 Code is amended by adding:
Section 16-3-2210. A person who commits an offense contained in this chapter with the intent to assault, intimidate, or threaten a person because of his race, religion, color, sex, age, national origin, or sexual orientation is guilty of a felony and, upon conviction, must be fined not less than two thousand dollars nor more than ten thousand dollars, or imprisoned not less than two years nor more than fifteen years, or both. Two thousand dollars of a fine and two years of a sentence imposed pursuant to the provisions of this article may not be suspended. A sentence imposed pursuant to the provisions of this section is in addition to any other sentence imposed for another offense and is not a lesser-included offense of another offense; and any sentence imposed pursuant to the provisions of this section must be served consecutively. For purposes of this section, 'sexual orientation' means a person's actual or perceived heterosexuality, bisexuality, homosexuality, or gender identity or expression."
SECTION 3. Section 16-11-510 of the 1976 Code is amended to read:
"Section 16-11-510.
(A) It is unlawful for a person to
wilfully and maliciously cut, shoot, maim, wound, or otherwise
injure or destroy any horse, mule, cattle, hog, sheep, goat, or
any other kind, class, article, or description of personal
property, or the goods and chattels of another.
(B) A person who
violates the provisions of this section is guilty of a:
(1)
felony and, upon conviction, must be fined in the
discretion of the court or imprisoned not more than ten years,
or both, if the injury to the property or the property loss is
worth ten thousand dollars or more;
(2)
felony and, upon conviction, must be fined in the
discretion of the court or imprisoned not more than five years,
or both, if the injury to the property or the property loss is
worth more than two thousand dollars but less than ten thousand
dollars;
(3)
misdemeanor triable in magistrates court or municipal
court, notwithstanding the provisions of Sections 22-3-540,
22-3-545, 22-3-550, and 14-25-65, if the injury to the property
or the property loss is worth two thousand dollars or less. Upon
conviction, the person must be fined not more than one thousand
dollars, or imprisoned, not more than thirty days, or both.
(C) A person
who violates the provisions of subsection (A) with the intent to
assault, intimidate, or threaten a person because of his race,
religion, color, sex, age, national origin, or sexual
orientation is guilty of a felony and, upon conviction, must be
fined not less than two thousand dollars nor more than ten
thousand dollars, or imprisoned not less than two years nor more
than fifteen years, or both. Two thousand dollars of a fine and
two years of a sentence imposed pursuant to the provisions of
this subsection may not be suspended. For purposes of this
section, 'sexual orientation' means a person's actual or
perceived heterosexuality, bisexuality, homosexuality, or gender
identity or expression."
SECTION 4. Section 16-11-520 of the 1976 Code is amended to read:
"Section 16-11-520.
(A) It is unlawful for a person to
wilfully and maliciously cut, mutilate, deface, or otherwise
injure a tree, house, outside fence, or fixture of another or
commit any other another trespass upon real property of
another person.
(B) A person who
violates the provisions of this section is guilty of a:
(1)
felony and, upon conviction, must be fined in the
discretion of the court or imprisoned not more than ten years,
or both, if the injury to the property or the property loss is
worth ten thousand dollars or more;
(2)
felony and, upon conviction, must be fined in the
discretion of the court or imprisoned not more than five years,
or both, if the injury to the property or the property loss is
worth more than two thousand dollars but less than ten thousand
dollars;
(3)
misdemeanor triable in magistrates court or municipal
court, notwithstanding the provisions of Sections 22-3-540,
22-3-545, 22-3-550, and 14-25-65, if the injury to the property
or the property loss is worth two thousand dollars or less. Upon
conviction, the person must be fined not more than one thousand
dollars, or imprisoned not more than thirty days, or both.
(C) A person
who violates the provisions of subsection (A) with the intent to
assault, intimidate, or threaten a person because of his race,
religion, color, sex, age, national origin, or sexual
orientation is guilty of a felony and, upon conviction, must be
fined not less than two thousand dollars nor more than ten
thousand dollars, or imprisoned not less than two years nor more
than fifteen years, or both. Two thousand dollars of a fine and
two years of a sentence imposed pursuant to the provisions of
this subsection may not be suspended. For purposes of this
section, 'sexual orientation' means a person's actual or
perceived heterosexuality, bisexuality, homosexuality, or gender
identity or expression."
SECTION 5. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 6. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 7. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.