South Carolina General Assembly
112th Session, 1997-1998

Bill 3222


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                       3222
Type of Legislation:               General Bill GB
Introducing Body:                  House
Introduced Date:                   19970114
Primary Sponsor:                   Wilkins
All Sponsors:                      Wilkins, Mullen, Rice,
                                   Young-Brickell, Seithel, Chellis,
                                   Klauber, Meacham, Rodgers, Barrett,
                                   Robinson, Harrison, Sandifer,
                                   H. Brown, Hamilton, Mason and Riser
                                   
Drafted Document Number:           dka\3904cm.97
Residing Body:                     House
Current Committee:                 Judiciary Committee 25 HJ
Subject:                           Hate motivated crimes,
                                   sentences for; crimes and offenses,
                                   discrimination



History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________
House   19970114  Introduced, read first time,             25 HJ
                  referred to Committee

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1080 SO AS TO PROVIDE MANDATORY MINIMUM SENTENCES FOR CERTAIN CRIMES MOTIVATED BY THE VICTIM'S RACE, COLOR, RELIGION, NATIONAL ORIGIN, ETHNICITY, PHYSICAL OR MENTAL DISABILITY AND TO PROVIDE THAT THE MANDATORY MINIMUM SENTENCE DOES NOT PROHIBIT THE IMPOSITION OF A GREATER SENTENCE PROVIDED BY LAW.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. The 1976 Code is amended by adding:

"Section 16-3-1080. (A) A person convicted of the following crimes and who is found to have been motivated to commit the crime by the crime victim's actual or perceived race, color, religion, national origin, ethnicity, physical or mental disability must receive a mandatory minimum sentence of thirty years in prison of which no part may be suspended:

(1) a violent crime as defined in Section 16-1-60; or

(2) a most serious offense as defined in Section 17-25-45(C)(1).

(B) A person convicted of the following crimes and who is found to have been motivated to commit the crime by the crime victim's actual or perceived race, color, religion, national origin, ethnicity, physical or mental disability must receive a mandatory minimum sentence of fifteen years in prison of which no part may be suspended:

(1) second degree lynching (Section 16-3-220);

(2) resisting arrest with a deadly weapon (Section 16-3-625);

(3) criminal sexual conduct in the third degree (Section 16-3-654);

(4) engaging a child for sexual performance (Section 16-3-810);

(5) assault and battery of a high and aggravated nature (common law); or

(6) burglary second degree (Section 16-11-312).

(C) This section does not prohibit the imposition of a sentence contained in Section 16-3-20 (punishment for murder) or other penalties provided by law greater than the mandatory minimum sentence of thirty years contained in subsection (A)."

SECTION 2. This act takes effect upon approval by the Governor.

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