Senator Hembree proposes the following amendment (SJ-76.MB0005S):

Amend the bill, as and if amended, by striking SECTION 2 and inserting:

SECTION X. Section 16-8-240 of the S.C. Code is amended to read:

 Section 16-8-240. (A) It is unlawful for a criminal gang member to use or threaten to use physical violence against another person with the intent to coerce, induce, or solicit that person or another person to actively participate in criminal gang activity, or to prevent another criminal gang member from withdrawing from or leaving a criminal gang. A criminal gang member who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction for a first offense, must be fined not more than one thousand dollars or imprisoned not more than two years, or both. A criminal gang member convicted for a second or subsequent offense pursuant to this subsection is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than five years, or bothperson associated with a criminal gang to conduct or participate in criminal gang activity.
 (B) A criminal gang member who uses a firearm, any other deadly weapon, or physical violence to coerce, induce, or solicit another person to actively participate in a criminal gang, or to prevent another criminal gang member from withdrawing or leaving a criminal gang, in addition to the punishment prescribed in subsection (A), may be punished by an additional fine of not more than ten thousand dollars or by imprisonment for an additional period of not more than ten years, or bothIt is unlawful for a person to cause, encourage, solicit, recruit, threaten, or coerce another to become a member or associate of a criminal gang, to participate in a criminal gang, or to conduct or participate in criminal gang activity.
 (C) If the person solicited, recruited, coerced, or threatened in violation of this section is under the age of eighteen, an additional term of three years may be imposed in addition and consecutive to the penalty prescribed for a violation of this section.It is unlawful for any person to communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or of any associate or relative of the person with the intent to:
  (1) deter such person from assisting a member or associate of a criminal gang to withdraw from a criminal gang;
  (2) punish or retaliate against a person for having withdrawn from a criminal gang;
  (3) punish or retaliate against a person for refusing to or encouraging another to refuse to obtain the status of a member or associate of a criminal gang;
  (4) punish or retaliate against a person for providing statements or testimony against criminal gangs or any criminal gang member or associate; or
  (5) intimidate, deter, or prevent a person from communicating with or providing testimony to a law enforcement or corrections officer, a prosecuting attorney, or judge any information relating to criminal gangs, criminal gang members or associates, or criminal gang activity.
 (D)(1) A person who has been coerced, intimidated, threatened, or injured in violation of this section has a civil cause of action against a criminal gang or criminal gang member violating this section for treble the amount of the actual damages, for punitive damages, an injunction, and any other appropriate relief in law or equity. Upon prevailing in the civil action, the plaintiff may recover reasonable attorney's fees and costs from the criminal gang or criminal gang member.violates the provisions of subsection (A) or (B) is guilty of a felony and, upon conviction, in addition to any other penalty provided by law, must be imprisoned for not less than five years but not more than twenty years, which must be served consecutively to any sentence imposed. Restitution also must be ordered as a condition of a sentence imposed. To be subject to the penalty under this subsection, it must be shown one participated in a criminal gang activity to promote or further the gang's felonious activities, or maintain or increase his position in the gang, or he has been convicted or adjudicated delinquent within the past five years for an offense listed in Section 16-8-230(2) while being in a criminal gang.
  (2) A person who violates the provisions of (C) is guilty of a felony and, upon conviction, in addition to any other penalty provided by law, must be fined not less than ten thousand dollars nor more than fifteen thousand dollars or imprisoned not less than five years but not more than twenty years, or both. Restitution also must be ordered as a condition of any sentence imposed.
  (3) A person who violates the provisions of this section through the solicitation, recruitment, or coercion of or a threat to a person under the age of eighteen may be imprisoned for an additional term of three years, which must be served consecutively to any other sentence imposed.
 (E) In addition to any other penalty provided in this section, all sentences imposed pursuant to this section require as a special condition of the sentence that the person sentenced may not knowingly have contact of any kind or character with any other member or associate of a criminal gang, may not participate in any criminal gang activity and, in cases involving a victim, may not knowingly have contact of any kind or character with any such victim or any member of the victim's family or household. This special condition of the sentence does not apply to prisoners or inmates in the custody of the Department of Corrections or local jails, or a child in the custody of the Department of Juvenile Justice or local jail.
 (F) Each offense committed in violation of this article must be indicted and considered a separate offense.
 (G) When two or more defendants are jointly charged with any criminal gang activity offense, whether felony or misdemeanor, they must be tried jointly unless the court orders separate trials. Severance may not be granted as a matter of law when codefendants present mutually antagonistic defenses, but must be granted, in the court's exercise of discretion, only when there is a serious risk that a joint trial would compromise a specific trial right of a codefendant or prevent the jury from making a reliable judgment about a codefendant's guilt. The trial court shall provide appropriate cautionary instructions to the jury to protect the individual rights of each codefendant and ensure that no prejudice results from a joint trial. In ordering separate trials, the court in its discretion may order a separate trial as to one or more defendants, and a joint trial as to the others, or may order any number of the defendants to be tried at one trial, and any number of the others at different trials, or may order a separate trial for each defendant; provided, that when two or more persons can be jointly tried, the fact that separate accusatory pleadings were filed does not prevent their joint trial.
 (H) Nothing in this section limits prosecution under any other provision of law.

Amend the bill further, SECTION 6, by striking Section 16-8-520(3) and inserting:

 (3) "Racketeering activity" means illegal activity conducted for monetary gain. Illegal activity includes includes: 
 (A) any act or threat involving murder, kidnapping, gambling, arson, robbery, theft, receipt of stolen property, bribery, extortion, obstruction of justice, dealing in obscene matter, or dealing in a controlled substance or other drug which is chargeable under state law and punishable by imprisonment for more than one year;
 (B) any act to commit, to attempt to commit, or to solicit, coerce, or intimidate another person to commit a crime that is chargeable by indictment under any of the following laws of this Statechargeable by indictment in this State or any other state or federal jurisdiction, under any of the following offenses:
  (a) Article 3, Chapter 53, Title 44, relating to narcotics and controlled substances;
  (b) Section 16-11-617, relating to marijuana;
  (c) Article 1, Chapter 3, Title 16, and the common law relating to homicide;
  (d) Article 3, Chapter 3, Title 16, relating to assault and battery by mob;
  (e) Article 5, Chapter 3, Title 16, relating to dueling;
  (f) Article 7, Chapter 3, Title 16, relating to assault and criminal sexual conduct;
  (g) Article 8, Chapter 3, Title 16, relating to sexual performance by children;
  (h) Article 9, Chapter 3, Title 16, relating to kidnapping;
  (i) Section 16-3-1040, relating to threatening the life, person, or family of a public official or public employee;
  (j) Section 16-3-1045, relating to the use or employment of a person under eighteen to commit certain crimes;
  (k) Section 16-3-1083, relating to the death or injury of a child in utero due to the commission of a violent crime;
  (l) Article 17, Chapter 3, Title 16, relating to harassment and stalking;
  (m) Article 19, Chapter 3, Title 16, relating to trafficking in persons;
  (n) Article 3, Chapter 11, Title 16, relating to arson and other offenses involving fire;
  (o) Article 5, Chapter 11, Title 16, relating to burglary, housebreaking, robbery, and the like;
  (p) Article 9, Chapter 11, Title 16, relating to bootleg and counterfeit records, tapes, and recordings;
  (q) Section 16-13-10, relating to forgery;
  (r) Section 16-13-30, relating to petit and grand larceny;
  (s) Section 16-13-40, relating to the stealing of bonds and the like;
  (t) Sections 16-13-105 through 16-13-135, relating to shoplifting and organized retail crime;
  (u) Section 16-13-70, relating to the stealing of vessels and equipment;
  (v) Section 16-13-170, relating to entering a house or vessel, without breaking, with the intent to steal or commit another crime;
  (w) Section 16-13-180, relating to receiving stolen goods, chattels, or other property;
  (x) Sections 16-13-210, relating to the embezzlement of public funds;
  (y) Section 16-13-230, relating to breach of trust with fraudulent intent;
  (z) Section 16-13-240, relating to obtaining a signature or property by false pretense;
  (aa) Section 16-13-260, relating to obtaining property under false tokens or letters;
  (bb) Section 16-13-290, relating to securing property by the fraudulent impersonation of an officer;
  (cc) Section 16-13-320, relating to swindling;
  (dd) Section 16-13-385, relating to altering, tampering with, or bypassing electric, gas, or water meters;
  (ee) Section 16-13-400, relating to avoiding or attempting to avoid the payment of telecommunications services;
  (ff) Section 16-13-430, relating to the fraudulent acquisition or use of food stamps;
  (gg) Sections 16-13-450, 16-13-451, and 16-13-480, relating to false identification documents;
  (hh) Sections 16-15-90 through 16-15-110, relating to prostitution;
  (ii) Article 3, Chapter 15, Title 16, relating to obscenity, material harmful to minors, child exploitation, and child prostitution;
  (jj) Article 3, Chapter 9, Title 16, relating to bribery, the corruption of jurors, and the like;
  (kk) Sections 16-9-340, 16-9-350, and 16-9-370, relating to the influencing of court officials, jurors, or witnesses;
  (ll) Section 16-9-460, relating to unlawful entry into the United States and furthering illegal entry by or avoidance of detection of an undocumented alien;
  (mm) Article 1, Chapter 9, Title 16, relating to perjury;
  (nn) Chapter 19, Title 16, relating to gambling and lotteries;
  (oo) Article 13, Chapter 6, Title 61, relating to unlawful manufacture, possession, and sales of alcohol;
  (pp) Chapter 23, Title 16, relating to offenses involving weapons;
  (qq) Chapter 1, Title 35, relating to violations of the South Carolina Uniform Securities Act of 2005;
  (rr) Chapter 14, Title 16, relating to violations of the Financial Transaction Card Crime Act;
  (ss) Chapter 29, Title 56, relating to violations of the Motor Vehicle Chop Shop, Stolen, and Altered Property Act;
  (tt) Chapter 16, Title 16, relating to violations of the Computer Crime Act;
  (uu) Section 38-55-170, relating to presenting false insurance claims for payment;
  (vv) Article 5, Chapter 55, Title 38, relating to violations of the Omnibus Insurance Fraud and Reporting Immunity Act;
  (ww) Chapter 36, Title 34, relating to violations in relation to loan brokers;
  (xx) Chapter 23, Title 37, relating to violations of the South Carolina High Cost and Consumer Home Loans Act;
  (yy) Chapter 13, Title 8, relating to ethics, government accountability, and campaign reform;
  (zz) Chapter 11, Title 35, relating to violations of the South Carolina Anti Money Laundering Act; or
  (aaa) Chapter 17, Title 2, relating to lobbyists and lobbying.
 (C) "Racketeering activity" also shall mean any conduct defined as "racketeering activity" under federal law.

Renumber sections to conform.

Amend title to conform.