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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.

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