2013-2014 Bill 3589: Hate Crimes - South Carolina Legislature Online

1 South Carolina General Assembly 2 120th Session, 2013-2014 3 4 H. 3589 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Reps. Whipper, Bales, Gilliard, Hosey, Mitchell, King, M.S. McLeod, Clyburn, Dillard, 10 Hodges, Mack, Powers Norrell, Ridgeway and RobinsonSimpson 11 Document Path: l:\council\bills\ms\7108ahb13.docx 12 Companion/Similar bill(s): 3066 13 14 Introduced in the House on February 21, 2013 15 Currently residing in the House Committee on Judiciary 16 17 Summary: Hate crimes 18 19 20 HISTORY OF LEGISLATIVE ACTIONS 21 22 Date Body Action Description with journal page number 23 2/21/2013 House Introduced and read first time ( House Journalpage 7) 24 2/21/2013 House Referred to Committee on Judiciary ( House Journalpage 7) 25 26 27 VERSIONS OF THIS BILL 28 29 2/21/2013 30 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 12 1976, BY ADDING ARTICLE 18 TO CHAPTER 3, TITLE 16 13 SO AS TO PROVIDE PENALTIES FOR A PERSON 14 CONVICTED OF A CRIME CONTAINED IN THIS CHAPTER 15 WITH THE INTENT TO ASSAULT, INTIMIDATE, OR 16 THREATEN A PERSON BECAUSE OF HIS RACE, RELIGION, 17 COLOR, SEX, AGE, NATIONAL ORIGIN, OR SEXUAL 18 ORIENTATION; AND TO AMEND SECTIONS 1611510 AND 19 1611520, BOTH AS AMENDED, RELATING TO MALICIOUS 20 INJURY TO PERSONAL AND REAL PROPERTY, 21 RESPECTIVELY, SO AS TO REVISE THE PENALTIES FOR 22 MALICIOUS INJURY TO REAL PROPERTY OFFENSES AND 23 TO PROVIDE ADDITIONAL PENALTIES FOR PERSONS 24 WHO MALICIOUSLY INJURE PERSONAL OR REAL 25 PROPERTY OF ANOTHER PERSON WITH THE INTENT TO 26 ASSAULT, INTIMIDATE, OR THREATEN THAT PERSON. 27 28 Be it enacted by the General Assembly of the State of South 29 Carolina: 30 31 SECTION 1. Chapter 3, Title 16 of the 1976 Code is amended by 32 adding: 33 34 “Article 18 35 36 Hate Crimes 37 38 Section 1631900. A person who commits an offense 39 contained in this chapter with the intent to assault, intimidate, or 40 threaten a person because of his race, religion, color, sex, age, 41 national origin, or sexual orientation is guilty of a felony and, upon 42 conviction, must be fined not less than two thousand dollars nor

[3589] 2 1 more than ten thousand dollars, or imprisoned not less than two 2 years nor more than fifteen years, or both. Two thousand dollars 3 of a fine and two years of a sentence imposed pursuant to the 4 provisions of this article may not be suspended.” 5 6 SECTION 2. Section 1611510 of the 1976 Code, as last amended 7 by Act 273 of 2010, is further amended to read: 8 9 “Section 1611510. (A) It is unlawful for a person to wilfully 10 and maliciously cut, shoot, maim, wound, or otherwise injure or 11 destroy any horse, mule, cattle, hog, sheep, goat, or any other kind, 12 class, article, or description of personal property, or the goods and 13 chattels of another. 14 (B) A person who violates the provisions of this section is 15 guilty of a: 16 (1) felony and, upon conviction, must be fined in the 17 discretion of the court or imprisoned not more than ten years, or 18 both, if the injury to the property or the property loss is worth ten 19 thousand dollars or more; 20 (2) felony and, upon conviction, must be fined in the 21 discretion of the court or imprisoned not more than five years, or 22 both, if the injury to the property or the property loss is worth more 23 than two thousand dollars but less than ten thousand dollars; 24 (3) misdemeanor triable in magistrates court or municipal 25 court, notwithstanding the provisions of Sections 223540, 223545, 26 223550, and 142565, if the injury to the property or the property 27 loss is worth two thousand dollars or less. Upon conviction, the 28 person must be fined not more than one thousand dollars, or 29 imprisoned, not more than thirty days, or both. 30 (C) A person who violates the provisions of subsection (A) 31 with the intent to assault, intimidate, or threaten a person because 32 of his race, religion, color, sex, age, national origin, or sexual 33 orientation is guilty of a felony and, upon conviction, must be 34 fined not less than two thousand dollars nor more than ten 35 thousand dollars, or imprisoned not less than two years nor more 36 than fifteen years, or both. Two thousand dollars of a fine and two 37 years of a sentence imposed pursuant to the provisions of this 38 subsection may not be suspended. For purposes of this section, 39 ‘sexual orientation’ means a person’s actual or perceived 40 heterosexuality, bisexuality, homosexuality, or gender identity or 41 expression.” 42

[3589] 3 1 SECTION 3. Section 1611520 of the 1976 Code, as last amended 2 by Act 273 of 2010, is further amended to read: 3 4 “Section 1611520. (A) It is unlawful for a person to wilfully 5 and maliciously cut, mutilate, deface, or otherwise injure a tree, 6 house, outside fence, or fixture of another or commit any other 7 another trespass upon real property of another person. 8 (B) A person who violates the provisions of this section is 9 guilty of a: 10 (1) felony and, upon conviction, must be fined in the 11 discretion of the court or imprisoned not more than ten years, or 12 both, if the injury to the property or the property loss is worth ten 13 thousand dollars or more; 14 (2) felony and, upon conviction, must be fined in the 15 discretion of the court or imprisoned not more than five years, or 16 both, if the injury to the property or the property loss is worth more 17 than two thousand dollars but less than ten thousand dollars; 18 (3) misdemeanor triable in magistrates court or municipal 19 court, notwithstanding the provisions of Sections 223540, 223545, 20 223550, and 142565, if the injury to the property or the property 21 loss is worth two thousand dollars or less. Upon conviction, the 22 person must be fined not more than one thousand dollars, or 23 imprisoned not more than thirty days, or both. 24 (C) A person who violates the provisions of subsection (A) 25 with the intent to assault, intimidate, or threaten a person because 26 of his race, religion, color, sex, age, national origin, or sexual 27 orientation is guilty of a felony and, upon conviction, must be 28 fined not less than two thousand dollars nor more than ten 29 thousand dollars, or imprisoned not less than two years nor more 30 than fifteen years, or both. Two thousand dollars of a fine and two 31 years of a sentence imposed pursuant to the provisions of this 32 subsection may not be suspended. For purposes of this section, 33 ‘sexual orientation’ means a person’s actual or perceived 34 heterosexuality, bisexuality, homosexuality, or gender identity or 35 expression.” 36 37 SECTION 4. The repeal or amendment by this act of any law, 38 whether temporary or permanent or civil or criminal, does not 39 affect pending actions, rights, duties, or liabilities founded thereon, 40 or alter, discharge, release or extinguish any penalty, forfeiture, or 41 liability incurred under the repealed or amended law, unless the 42 repealed or amended provision shall so expressly provide. After 43 the effective date of this act, all laws repealed or amended by this

[3589] 4 1 act must be taken and treated as remaining in full force and effect 2 for the purpose of sustaining any pending or vested right, civil 3 action, special proceeding, criminal prosecution, or appeal existing 4 as of the effective date of this act, and for the enforcement of 5 rights, duties, penalties, forfeitures, and liabilities as they stood 6 under the repealed or amended laws. 7 8 SECTION 5. This act takes effect upon approval by the 9 Governor. 10 XX 11

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