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H. 3711
STATUS INFORMATION
General Bill
Sponsors: Reps. Whipper, Breeland, Hosey, M. Hines, Branham, G. Brown, Freeman, Jennings, Littlejohn, Lloyd, Mack, Martin, Miller, Moody-Lawrence, Rhoad and Richardson
Document Path: l:\council\bills\swb\5134cm03.doc
Introduced in the House on February 27, 2003
Currently residing in the House Committee on Judiciary
Summary: Hate Crimes Bill
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 2/27/2003 House Introduced and read first time HJ-37 2/27/2003 House Referred to Committee on Judiciary HJ-37
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 18 TO CHAPTER 3, TITLE 16 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, NATIONAL ORIGIN, OR SEXUAL ORIENTATION; 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 OF ANOTHER PERSON WITH THE INTENT TO ASSAULT, INTIMIDATE, OR THREATEN THAT PERSON.
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:
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, national origin, or sexual orientation 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 Act 272 of 1998, 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 injury to the property or the property loss is worth 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 injury to the property or the property loss is worth more than one thousand dollars but less than five thousand dollars;
(3) misdemeanor triable in magistrate's court if the injury to the property or the property loss is worth one thousand dollars or less. Upon conviction, the person must be fined or imprisoned, or both, as permitted by law and 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 272 of 1998, 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, or both, if the injury to the property or the property loss is worth 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, or both, if the injury to the property or the property loss is worth more than one thousand dollars but less than five thousand dollars;
(3) misdemeanor triable in magistrate's court if the injury to the property or the property loss is worth one thousand dollars or less. Upon conviction, the person must be fined or imprisoned, or both, as permitted by law and 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. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 5. This act takes effect upon approval by the Governor.
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