H 4941 Session 111 (1995-1996)
H 4941 General Bill, By Breeland, Anderson, J. Brown, A.W. Byrd, Cobb-Hunter,
J. Hines, W.D. Keyserling, Kirsh, Lanford, Lloyd, Moody-Lawrence, Phillips,
Richardson, J.S. Shissias, Stuart, Whatley, Whipper, L.S. Whipper and
J.M. White
A Bill to amend Chapter 3, Title 16, Code of Laws of South Carolina, 1976, by
adding Article 18 so as to provide penalties for a person convicted of a crime
contained in this Chapter with the intent to assault, intimidate, or threaten
a person; and to amend Sections 16-11-510 and 16-11-520, both as amended,
relating to malicious injury to personal and real property, so as to revise
the penalties for malicious injury to real property offenses, and to provide
additional penalties for persons who maliciously injure personal or real
property with the intent to assault, intimidate, or threaten certain persons.
04/11/96 House Introduced and read first time HJ-53
04/11/96 House Referred to Committee on Judiciary HJ-53
A BILL
TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF
SOUTH CAROLINA, 1976, BY ADDING ARTICLE 18 SO AS
TO PROVIDE PENALTIES FOR A PERSON CONVICTED OF A
CRIME CONTAINED IN THIS CHAPTER WITH THE INTENT
TO ASSAULT, INTIMIDATE, OR THREATEN A PERSON;
AND TO AMEND SECTIONS 16-11-510 AND 16-11-520, BOTH
AS AMENDED, RELATING TO MALICIOUS INJURY TO
PERSONAL AND REAL PROPERTY, SO AS TO REVISE THE
PENALTIES FOR MALICIOUS INJURY TO REAL PROPERTY
OFFENSES, AND TO PROVIDE ADDITIONAL PENALTIES
FOR PERSONS WHO MALICIOUSLY INJURE PERSONAL OR
REAL PROPERTY WITH THE INTENT TO ASSAULT,
INTIMIDATE, OR THREATEN CERTAIN PERSONS.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Chapter 3, Title 16 of the 1976 Code is amended
by adding:
"Article 18
Hate Crimes
Section 16-3-1900. 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, or national
origin is guilty of a felony and, upon conviction, must be fined not
less than two thousand dollars or not more than ten thousand
dollars, or imprisoned not less than two years or not more than
fifteen years, or both. Two thousand dollars of any fine and two
years of any sentence imposed under this subsection may not be
suspended."
SECTION 2. Section 16-11-510 of the 1976 Code, as last
amended by Section 184 of 1993, is further 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 value of the property is five 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 value of the property is more than one thousand dollars
but less than five thousand dollars;
(3) misdemeanor triable in magistrate's court if the injury or
loss of property is one thousand dollars or less. Upon conviction,
the person must be fined or imprisoned not more than is permitted
by law without presentment or indictment by the grand jury.
(C) A person who violates the provisions contained in
subsection (A) with the intent to assault, intimidate, or threaten a
person because of his race, religion, color, sex, age, or national
origin is guilty of a felony and, upon conviction, must be fined not
less than two thousand dollars or not more than ten thousand
dollars, or imprisoned not less than two years or not more than
fifteen years, or both. Two thousand dollars of any fine and two
years of any sentence imposed under this subsection may not be
suspended."
SECTION 3. Section 16-11-520 of the 1976 Code, as last
amended by Act 184 of 1993, is further 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
trespass upon real property of another person.
(B) A person who violates the provisions of this section
contained in subsection (A) is guilty of a:
(1) felony and, upon conviction, must be fined in the
discretion of the court or imprisoned not more than ten
fifteen years if the amount of injury or damage to the
property is five thousand dollars or more;
(2) felony and, upon conviction, must be fined in the
discretion of the court or imprisoned not more than five
ten years if the amount of injury or damage to the property
is more than one thousand dollars but less than five thousand
dollars;
(3) misdemeanor triable in magistrate's court if the amount of
injury or damage to the property is one thousand dollars or less.
Upon conviction, the person must be fined or imprisoned not more
than is permitted by law without presentment or indictment of the
grand jury.
(C) A person who violates the provisions contained in
subsection (A) with the intent to assault, intimidate, or threaten a
person because of his race, religion, color, sex, age, or national
origin is guilty of a felony and, upon conviction, must be fined not
less than two thousand dollars or not more than ten thousand
dollars, or imprisoned not less than two years or not more than
fifteen years, or both. Two thousand dollars of any fine and two
years of any sentence imposed under this subsection may not be
suspended."
SECTION 4. This act takes effect upon approval by the
Governor and is applicable to offenses that occur after its approval.
-----XX----- |