Lawmakers seek to bring 'Hate Crime' laws to South Carolina
HORRY COUNTY, S.C. (WPDE) -- South Carolina is one of four states in the country without hate crime laws, and Wednesday, five lawmakers pre-filed a bill that would change that.
Rep. Beth Bernstein represents a portion of Columbia in South Carolina's House and is one of the authors on the bill.
“It’s unfortunate that we’re only one of four states that hasn’t implemented any form of hate crime legislation," she said.
The bill puts additional penalties on crimes motivated by "the victim's race, color, creed, religion, gender, age, national origin, ancestry, sexual orientation, or physical, or mental disability." The bill adds "whether or not the perception is correct, the person is subject to additional penalties as provided."
“They are some of the most heinous crimes committed in society, and it’s only based upon because the victim is targeted of the basis on who he or she is as a person," said Berstein.
In the bill, a person who commits a violent crime is subject to "an additional fine of not more than ten thousand dollars" and the maximum penalty for the offense "may be increased by an additional five years."
Stalking or harassment offenses are subject to an additional fine of "not more than five thousand dollars," and the maximum penalty for the offense "may be increased by an additional three years."
A person who commits a malicious injury is subject to an additional fine of "not more than one thousand dollars" and the maximum penalty for the offense "may be increased by an additional one year."
Sen. Greg Hembree represents a portion of Horry and Dillon Counties and says the bill isn't a good idea.
"Any crime of violence, in my view, is a hate crime," said Hembree. "You shot someone because they were a rival drug dealer, or you shot somebody because they were a Baptist, I mean really, it’s murder.”
He says hate crime laws are discriminatory in themselves.
"It’s picking at victims and saying, ‘Well, you know, because you’re being harassed, for this reason, you get more protection than that one.’ I mean, it’s discrimination in nature," he said. "People should be protected equally under the law and not picking out favorites.”
If it's passed, Bernstein says it could lower these types of offenses in the Palmetto State.
"If we enhance that penalty for a crime motivated by bias, then that should be a deterrent," she said.
Aside from South Carolina, the only states in the country without hate crime laws are Georgia, Arkansas and Wyoming.
The bill includes Rep. Beth Bernstein (D-H78), Rep. Weston Newton (R-H120), Rep. Wendell Gilliard (D-H111), Rep. Gary Clary (R-H3), and Rep. Leon Starvrinakis (D-H119).
Aside from including both democrats and republicans, Bernstein says it's a true bi-partisan effort because it includes people "from the Upstate, from the Lowcountry, from the Midlands ... female, male, black, white.”
The other lawmakers on the bill released these statements:
Rep. Gilliard - "It is now time for South Carolina to rectify this. We need to have laws that protect all of us from hate-motivated violence.”
Rep. Bernstein - "One hate crime is committed in the U.S. every 90 minutes and recent FBI statistics report an alarming increase in the last several years ... These are some of the most heinous crimes committed in a society because the victims are sought out and targeted based on their beliefs or identification and our community then suffers as a whole.”
Rep. Newton - "The business community recognizes that South Carolina’s image impacts whether companies want to move here and call South Carolina home. As one of only 4 states without hate crimes legislation, this can unnecessarily put South Carolina in a negative light.”
