Bill 3242

                    Current Status

Bill Number:                       3242
Type of Legislation:               General Bill GB
Introducing Body:                  House
Introduced Date:                   19970115
Primary Sponsor:                   Knotts
All Sponsors:                      Knotts, Seithel, Cotty,
                                   McMaster, Whatley, Simrill,
                                   Robinson, Davenport, Keegan, Rice,
                                   Riser and Stuart 
Drafted Document Number:           dka\3972cm.97
Companion Bill Number:             55
Residing Body:                     House
Current Committee:                 Judiciary Committee 25 HJ
Subject:                           Hate crimes, minimum sentences
                                   for; crimes and offenses,
                                   discrimination

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________
House   19970115  Introduced, read first time,             25 HJ
                  referred to Committee

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 THIS PROVISION DOES NOT PROHIBIT A SENTENCE GREATER THAN A MANDATORY MINIMUM SENTENCE OF THIRTY YEARS WHEN IT IS PROVIDED IN ANOTHER SECTION OF LAW; AND TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE SEPARATE SENTENCING PROCEEDING TO DETERMINE WHETHER A PERSON CONVICTED OF MURDER SHOULD BE SENTENCED TO DEATH OR LIFE IMPRISONMENT, SO AS TO ADD MOTIVATION BY A VICTIM'S ACTUAL OR PERCEIVED RACE, COLOR, RELIGION, NATIONAL ORIGIN, ETHNICITY, OR PHYSICAL OR MENTAL DISABILITY AS AN AGGRAVATING CIRCUMSTANCE TO CONSIDER WHEN A SENTENCE FOR MURDER IS BEING DETERMINED.

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) Nothing in this section prohibits the imposition of a sentence contained in Section 16-3-20 or another penalty provided by law greater than a mandatory minimum sentence of thirty years."

SECTION 2. Section 16-3-20(C)(a) of the 1976 Code, as last amended by Act 317 of 1996, is further amended by adding at the end:

"( ) The offender was motivated by the victim's actual or perceived race, color, religion, national origin, ethnicity, or physical or mental disability."

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