State lawmakers are scheduled to discuss the Senator Clementa C. Pinckney Hate Crimes Act, a bill that would establish enhanced penalties for crimes where victims are targeted based on specific personal characteristics. The proposal is set for review by a House subcommittee this morning.
South Carolina is currently one of only two states in the country without a state-level hate crimes law. If passed, the legislation would allow for increased sentencing if prosecutors prove a victim was intentionally selected due to factors such as:
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Race or religion.
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Gender or sexual orientation.
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National origin or disability.
Enhanced punishments would apply to individuals convicted of violent crimes or second-degree assault by mob. For these penalties to take effect, a judge or jury must determine beyond a reasonable doubt that the victim was chosen because of protected characteristics. Prosecutors would be required to charge the hate-based element as an additional count, and juries would be tasked with making a specific finding on the defendant’s motivation.
The bill is named in honor of State Senator Clementa C. Pinckney, one of nine people killed during the 2015 mass shooting at Emanuel AME Church in Charleston. The act seeks to address targeted violence while honoring those impacted by the tragedy.
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