H 4593 Session 112 (1997-1998)
H 4593 General Bill, By Whipper, Bailey, Breeland, J. Brown, A.W. Byrd, Cave,
Clyburn, J.L.M. Cromer, Gourdine, Govan, J. Hines, M. Hines, Inabinett,
Littlejohn, Lloyd, Mack, Maddox, J.H. Neal, Scott and Whatley
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 BECAUSE OF HIS RACE, RELIGION, COLOR, SEX, AGE, OR NATIONAL ORIGIN;
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 THESE PERSONS.
02/10/98 House Introduced and read first time HJ-6
02/10/98 House Referred to Committee on Judiciary HJ-6
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
BECAUSE OF HIS RACE, RELIGION, COLOR, SEX, AGE, OR
NATIONAL ORIGIN; 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 THESE 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 article 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----- |