South Carolina General Assembly
125th Session, 2023-2024

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Indicates New Matter

H. 3014

STATUS INFORMATION

General Bill
Sponsors: Reps. Gilliard, Henegan, Ott, Collins, Carter, Murphy, Robbins, Brewer, Gatch, Kirby, Anderson, Rivers, Howard, King, McDaniel, Hosey, Clyburn, Cobb-Hunter, Bamberg, Williams, Bernstein, W. Newton, Herbkersman, Hyde, Brittain, Guest, Erickson, Bradley, Hager, Connell, Hewitt, Rutherford, Thigpen, B. Newton, McGinnis, Hardee, Hixon, Taylor, Sandifer, M.M. Smith, Wetmore, Bustos, Landing, Elliott, Pope, Felder, Stavrinakis, Rose, Neese, Davis, Wooten, Bannister, Wheeler, Bailey, Schuessler, Blackwell, W. Jones, Dillard, Bauer, Sessions, T. Moore, J.L. Johnson, Jefferson, B.J. Cox, Garvin, B.L. Cox, Tedder and Alexander
Companion/Similar bill(s): 3, 296, 615, 3005, 3020
Document Path: LC-0003AHB23.docx

Introduced in the House on January 10, 2023
Introduced in the Senate on March 14, 2023
Last Amended on March 8, 2023
Currently residing in the House

Summary: Clementa C. Pinckney Hate Crimes Act

HISTORY OF LEGISLATIVE ACTIONS

Date Body Action Description with journal page number
12/8/2022 House Prefiled
12/8/2022 House Referred to Committee on Judiciary
1/10/2023 House Introduced and read first time (House Journal-page 41)
1/10/2023 House Referred to Committee on Judiciary (House Journal-page 41)
1/11/2023 House Member(s) request name added as sponsor: Ott, Collins, Carter, Murphy, Robbins, Brewer, Gatch
1/19/2023 House Member(s) request name added as sponsor: Kirby
1/24/2023 House Member(s) request name added as sponsor: Anderson
2/7/2023 House Member(s) request name added as sponsor: Rivers, Howard, King, McDaniel, Hosey, Clyburn, Cobb-Hunter, Bamberg, Williams
2/15/2023 House Member(s) request name added as sponsor: Bernstein, W. Newton, Herbkersman, Hyde, Brittain, Guest, Erickson, Bradley, Hager, Connell, Hewitt, Rutherford, Thigpen, B. Newton, McGinnis, Hardee, Hixon, Taylor, Sandifer, M.M. Smith, Wetmore, Bustos, Landing, Elliott, Pope, Felder, Stavrinakis, Rose, Neese, Davis, Wooten, Bannister, Wheeler, Moss, Lawson, Bailey, Schuessler, Blackwell
2/22/2023 House Member(s) request name added as sponsor: W. Jones, Dillard
2/23/2023 House Member(s) request name added as sponsor: Bauer, Sessions, T. Moore, J.L. Johnson, Jefferson
2/28/2023 House Member(s) request name added as sponsor: B.J. Cox, Garvin
3/1/2023 House Committee report: Favorable Judiciary (House Journal-page 36)
3/2/2023 Scrivener's error corrected
3/7/2023 House Member(s) request name added as sponsor: B.L. Cox
3/7/2023 House Requests for debate-Rep(s). Beach, May, Kilmartin, White, McCabe, TA Morgan, Oremus, Cromer, Magnuson, Harris, McCravy, Hiott, Pope, Ligon, Guffey (House Journal-page 32)
3/8/2023 House Member(s) request name removed as sponsor: Lawson, Moss
3/8/2023 House Member(s) request name added as sponsor: Tedder, Alexander
3/8/2023 House Requests for debate removed-Rep(s). Cromer, Oremus, Magnuson, Harris, McCravy, Beach, White, May, McCabe, Kilmartin (House Journal-page 27)
3/8/2023 House Requests for debate-Rep(s). Stavrinakis, Ott, Elliott, BJ Cox, Hart, Wetmore, Bauer, Bernstein, Garvin, West, King, JL Johnson, Jefferson, W Jones, Dilliard, Wheeler, Gatch, McDaniel, Hosey, Anderson, Herbkersman, Balletine, W Newton (House Journal-page 27)
3/8/2023 House Amended (House Journal-page 74)
3/8/2023 House Read second time (House Journal-page 74)
3/8/2023 House Roll call Yeas-84 Nays-31 (House Journal-page 96)
3/9/2023 House Read third time and sent to Senate (House Journal-page 38)
3/9/2023 Scrivener's error corrected
3/14/2023 Senate Introduced and read first time (Senate Journal-page 10)
3/14/2023 Senate Referred to Committee on Judiciary (Senate Journal-page 10)
3/24/2023 Senate Referred to Subcommittee: Sabb (ch), Hutto, Senn, Garrett, Gustafson
3/29/2023 Senate Committee report: Favorable Judiciary

View the latest legislative information at the website

VERSIONS OF THIS BILL

12/08/2022
03/01/2023
03/02/2023
03/08/2023
03/09/2023



Amended

March 8, 2023

H. 3014

Introduced by Reps. Gilliard, Henegan, Ott, Collins, Carter, Murphy, Robbins, Brewer, Gatch, Kirby, Anderson, Rivers, Howard, King, McDaniel, Hosey, Clyburn, Cobb-Hunter, Bamberg, Williams, Bernstein, W. Newton, Herbkersman, Hyde, Brittain, Guest, Erickson, Bradley, Hager, Connell, Hewitt, Rutherford, Thigpen, B. Newton, McGinnis, Hardee, Hixon, Taylor, Sandifer, M. M. Smith, Wetmore, Bustos, Landing, Elliott, Pope, Stavrinakis, Rose, Neese, Davis, Wooten, Bannister, Wheeler, Bailey, Schuessler, Blackwell, W. Jones, Dillard, Bauer, Sessions, T. Moore, J. L. Johnson, Jefferson, B. J. Cox, Garvin, B. L. Cox, Tedder and Alexander

 

S. Printed 03/08/23--H.                                                                         [SEC 3/9/2023 12:46 PM]

Read the first time January 10, 2023

 

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A bill

 

TO AMEND THE SOUTH CAROLINA code of laws BY enacting the "clementa c. pinckney hate crimes act"; by ADDING ARTICLE 22 TO CHAPTER 3, TITLE 16 SO AS TO ENTITLE THE ARTICLE "PENALTY ENHANCEMENTS FOR CERTAIN CRIMES", TO PROVIDE ADDITIONAL PENALTIES FOR PERSONS WHO COMMIT CERTAIN DELINEATED CRIMES WHEN THE VICTIM WAS INTENTIONALLY SELECTED BASED ON CERTAIN FACTORS, AND TO PROVIDE VICTIMS OF A VIOLATION OF THE ARTICLE MAY BRING A CIVIL ACTION FOR DAMAGES SUSTAINED.

    Amend Title To Conform

 

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

 

SECTION 1.  This act may be cited as the "Clementa C. Pinckney Hate Crimes Act".

 

SECTION 2.  Chapter 3, Title 16 of the S.C. Code is amended by adding:

 

    Article 22

 

    Penalty Enhancements for Certain Crimes

 

    Section 16-3-2410. (A) When a person commits a violent crime as defined in Section 16-1-60 or commits assault by mob in the second degree as defined in Section 16-3-210(C) and the trier of fact determines beyond a reasonable doubt that the offense was committed against a victim who was intentionally selected, in whole or in part, because of the person's belief or perception regarding the victim's race, color, religion, sex, gender, national origin, sexual orientation, or physical or mental disability, whether or not the perception is correct, the person is subject to additional penalties as provided in subsection (B).

 

    (B) A person who violates the provisions of subsection (A) and commits a violent crime as defined in Section 16-1-60 or commits assault by mob in the second degree as defined in Section 16-3-210(C), upon conviction, is subject to an additional fine of not more than ten thousand dollars and an additional term of imprisonment of up to five years;

    (C) The provisions of this section provide for the enhancement of the penalties applicable to underlying offenses. The court shall permit the prosecuting agency and the defense to present evidence relevant to the determination of whether the defendant intentionally selected the person against whom the offense is committed, in whole or in part, because of the person's belief or perception regarding one or more of the factors provided in subsection (A), whether or not the perception is correct. The court with competent jurisdiction over the underlying offense shall instruct the trier of fact to find a special verdict as to a violation of the provisions of this section.

    (D) The additional penalties described in subsection (B) may not be imposed unless the person was indicted, either separately or as a separate count in the indictment for the underlying offense, for the offense pursuant to this section committed against the victim who was intentionally selected, in whole or in part, because of the person's belief or perception regarding one or more of the factors provided in subsection (A), whether or not the perception is correct, and the person was found guilty of the underlying offense.

 

SECTION 3.  This act takes effect upon approval by the Governor.

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This web page was last updated on March 9, 2023 at 12:46 PM