View Amendment Current Amendment: 144 to Bill 4025

Reps. MCDANIEL, GILLIARD, and KING propose the following Amendment No. to H.4025 as introduced by Ways & Means

(Doc Name COUNCIL\DG\4025C032.CC.DG25.DOCX):

EXPLANATION:

Amend the bill, as and if amended, Part IB, Section 60, PROSECUTION COORDINATION COMMISSION, page 416, after line 20, by adding an appropriately numbered paragraph to read:

/ (PCC: Additional Fines) (A)(1) In the current fiscal year, there is imposed an additional fine of up to ten thousand dollars on any person who commits a violent crime as defined in Section 16-1-60 of the SC Code or commits assault by mob in the second degree as defined in Section 16-3-210(C) of the SC Code, and who 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. Any additional fines paid pursuant to this proviso must be remitted to the Commission to be to the Office of Solicitors to cover costs associated with the conviction and finding.

  (2) A person subjecto the additional fine pursuant to item (1) is also subject to an additional term of imprisonment of up to five years.

 (B) In cases involving the additional fines and penalties set forth in subsection (A), 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 whether the defendant is subjec to the additional fines and penalties.  /

Renumber sections to conform.

Amend totals and titles to conform.