COLUMBIA, S.C. — Proposal for Enhanced Hate Crime Penalties Returns
A renewed effort to strengthen hate crime laws in South Carolina will begin ahead of the next legislative session, following a failed attempt last year. The proposed law, known as the “Senator Clementa C. Pinckney Hate Crimes Act,” aims to impose tougher penalties for crimes driven by hate.
Who is Involved?
The key figure advocating for this measure is Representative Wendell Gilliard, a Democrat from Charleston. He has refiled the bill, which honors the late state senator and pastor of Mother Emanuel A.M.E. Church, Clementa Pinckney. Pinckney was tragically among the nine victims of the 2015 church shooting in Charleston.
What Does the Bill Propose?
The bill seeks to enhance penalties for crimes that are proven to be motivated by hate based on factors such as race, color, religion, sex, gender, national origin, sexual orientation, or physical and mental disabilities. A successful prosecution under this law could lead to additional fines of up to $10,000 and a prison sentence of up to five years.
Where and When Will It Be Considered?
The bill will be presented to the South Carolina House during the upcoming legislative session, beginning in January. South Carolina is currently one of the only two states in the U.S. without any legislative protections against hate crimes, making the situation a serious concern among lawmakers and activists alike.
Why Is This Bill Important?
Gilliard emphasized that the passage of this bill is long overdue, especially given the tragic history surrounding the Mother Emanuel AME Church shooting. “We should have already gotten it done by virtue of that alone,” he stated, referring to the immense social impact of the crime.
Existing Legislation and Challenges
While there is a federal hate crimes statute known as the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, enacted in 2009, it cannot cover all hate crimes. Many believe that a state-level law would allow local prosecutors to pursue cases more effectively. Mark Yancy, a professor at the University of South Carolina School of Law, pointed out that “the federal government may feel like it’s not necessary to expend some of their resources” on certain cases, which is why state legislation is crucial.
Should the bill pass, it will not create a new crime but will enhance the penalties for existing crimes that demonstrate a motive of hate. Yancy noted this adds complexity, as it requires prosecutors to prove that a victim was targeted specifically due to their identity.
Previous Attempts and Future Support
In the past, similar bills have cleared the South Carolina House multiple times but have repeatedly stalled in the Senate. Gilliard expressed hope that the bill could gain traction this session, particularly as it coincides with the 10th anniversary of the tragic shooting at Mother Emanuel. He highlighted the need for civic and faith-based organizations to rally support for the measure.
“We’ll need the civic organizations on our side to help push it forward,” he said, emphasizing that widespread endorsement from various communities could play a pivotal role in advancing the legislation. The collective effort will be critical as the bill enters a renewed debate in the House next month.
