Senate Amendment 3
S 154 - Session 125 (2023-2024)
South Carolina Street Gang and Criminal Enterprise Prevention and Anti-Racketeering Act

Senator Young proposes the following amendment (LC-154.AHB0009S):

Amend the bill, as and if amended, by striking SECTIONS 2 and 3 and inserting:

SECTION X. Section 16-8-230(2) of the S.C. Code is amended to read:

 (2) "Criminal gang" means a formal or informal ongoing organization, association, or group that consists of five or more persons who form for the purpose of committing criminal activity and who knowingly and actively participate in a pattern of criminal gang activity any organization, association, or group of three or more persons associated in fact, whether formal or informal, which engages in criminal gang activity as defined in this section. The existence of such organization, association, or group of individuals associated in fact may be established by evidence of a common name or common identifying signs, symbols, tattoos, graffiti, or attire or other distinguishing characteristics including, but not limited to, common activities, customs, or behaviors. The term does not include three or more persons, associated in fact, whether formal or informal, who are not engaged in criminal gang activity.

SECTION X. Section 16-8-230(4) of the S.C. Code is amended to read:

 (4) "Pattern of criminal gang activity" means the commission or attempted commission of, commission as an accessory before or after the fact to, or solicitation or conspiracy to commit, by a criminal gang member, while knowingly and actively participating in criminal gang activity, fourtwo or more of the following offenses occurring within a two-year period, provided that at least threeone of these offenses occurred after July 1, 2007:
  (a) a violent offense as defined in Section 16-1-60 committed as a part of criminal gang activity;
  (b) financial transaction card crimes as defined in Chapter 14 of Title 16 committed as a part of criminal gang activity;
  (c) first degree lynching as defined in Section 16-3-210 committed as a part of criminal gang activity;
  (d) second degree lynching as defined in Section 16-3-220 committed as a part of criminal gang activity;
  (e) breaking into a motor vehicle as defined in Section 16-13-160 committed as a part of criminal gang activity;
  (f) grand larceny as defined in Section 16-13-30 committed as a part of criminal gang activity;
  (g) blackmail as defined in Section 16-17-640 committed as a part of criminal gang activity;
  (h) malicious injury to property as defined in Sections 16-11-510, 16-11-520, 16-11-530, and 16-11-535 committed as a part of criminal gang activity;
  (i) drug offense as defined in Sections 44-53-370 and 44-53-375 committed as a part of criminal gang activity;
  (j) harassment, stalking, or aggravated stalking as defined in Article 17, Chapter 3 of Title 16 committed as a part of criminal gang activity;
  (k) pointing a firearm at any person as defined in Section 16-23-410 committed as a part of criminal gang activity;
  (l) discharging a firearm at or into dwellings, structures, enclosures, vehicles, or equipment as defined in Section 16-23-440 committed as a part of criminal gang activity;
  (m) the common law offense of assault and battery of a high and aggravated nature committed as a part of criminal gang activity; or
  (n) the common law offense of obstruction of justice committed as a part of criminal gang activity.

SECTION X. Section 16-8-240 of the S.C. Code is amended to read:

 Section 16-8-240. (A) It is unlawful for a criminal gang member to use or threaten to use physical violence against another person with the intent to coerce, induce, or solicit that person or another person to actively participate in criminal gang activity, or to prevent another criminal gang member from withdrawing from or leaving a criminal gang. A criminal gang member who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction for a first offense, must be fined not more than one thousand dollars or imprisoned not more than two years, or both. A criminal gang member convicted for a second or subsequent offense pursuant to this subsection is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than five years, or both.
 (B) A criminal gang member who uses a firearm, any other deadly weapon, or physical violence to coerce, induce, or solicit another person to actively participate in a criminal gang, or to prevent another criminal gang member from withdrawing or leaving a criminal gang, in addition to the punishment prescribed in subsection (A), may be punished by an additional fine of not more than ten thousand dollars or by imprisonment for an additional period of not more than ten years, or both.
 (C) If the person solicited, recruited, coerced, or threatened in violation of this section is under the age of eighteen, an additional term of three years may be imposed in addition and consecutive to the penalty prescribed for a violation of this section.
 (D) A person who has been coerced, intimidated, threatened, or injured in violation of this section has a civil cause of action against a criminal gang or criminal gang member violating this section for treble the amount of the actual damages, for punitive damages, an injunction, and any other appropriate relief in law or equity. Upon prevailing in the civil action, the plaintiff may recover reasonable attorney's fees and costs from the criminal gang or criminal gang member.
 (E) Nothing in this section limits prosecution under any other provision of law.
 (A) It is unlawful for a person to commit a criminal gang activity offense, as defined in Section 16-8-230, with the intent to obtain or earn membership or maintain or increase his status or position in a criminal gang.
 (B) It is unlawful for a person who occupies a position of organizer, a supervisory position, or any other position of management or leadership with regard to a criminal gang to engage in, directly or indirectly, or conspire to engage in criminal gang activity.
 (C) It is unlawful for a person to cause, encourage, solicit, recruit, or coerce another to become a member or associate of a criminal gang, to participate in a criminal gang, or to conduct or participate in criminal gang activity.
 (D) It is unlawful for any person to communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or of any associate or relative of the other person with the intent to deter such person from assisting a member or associate of a criminal gang to withdraw from a criminal gang.
 (E) It is unlawful for a person to communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or of any associate or relative of the other person with the intent to punish or retaliate against a person for having withdrawn from a criminal gang.
 (F) It is unlawful for a person to communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or of any associate or relative of the other person with the intent to punish or retaliate against a person for refusing to or encouraging another to refuse to become or obtain the status of a member or associate of a criminal gang.
 (G) It is unlawful for a person to communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or of any associate or relative of the other person with the intent to punish or retaliate against a person for providing statements or testimony against criminal gangs or any criminal gang member or associate.
 (H) It is unlawful for a person to communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or of any associate or relative of the other person with the intent to intimidate, deter, or prevent a person from communicating to a law enforcement or corrections officer, prosecuting attorney, or judge information relating to criminal gangs, criminal gang members or associates, or criminal gang activity.
 (I)(1) A person who violates the provisions of subsection (A) is guilty of a felony and, upon conviction, in addition to any other penalty provided by law, must be fined not less than ten thousand dollars nor more than fifteen thousand dollars or imprisoned not less than five years but not more than twenty years, or both. Restitution also must be ordered as a condition of any sentence imposed.
  (2) A person who violates the provisions of subsection (B) is guilty of a felony and, upon conviction, in addition to any other penalty provided by law, must be imprisoned for not less than five years but not more than twenty years which must be served consecutively to any other sentence imposed. Restitution also must be ordered as a condition of any sentence imposed.
  (3) Any person who violates the provisions of subsection (C), (D), (E), (F), (G), or (H) is guilty of a felony and, upon conviction, in addition to any other penalty as provided by law, must be imprisoned for not less than five years but not more than twenty years. Restitution also must be ordered as a condition of any sentence imposed.
  (4) A person who violates the provisions of this section through the solicitation, recruitment, coercion, or threat of a person under the age of eighteen may be imprisoned for an additional term of three years which must be served consecutively to any other sentence imposed.
 (J) For the purpose of proving the existence of a criminal gang and criminal gang activity, the adjudication or conviction by any plea or trial of a criminal gang activity offense enumerated in Section 16-8-230 by any member or associate of a criminal street gang is admissible in any trial or proceeding. If the prosecution seeks to offer evidence of a third party adjudication or conviction, the person so adjudicated or convicted must be available for cross examination in order for the evidence to be admitted. The pendency of an appeal may be shown but does not affect admissibility.
 (K) A defendant's conviction of a criminal gang activity offense is admissible in and estops the defendant in any subsequent action or proceeding as to matters proved in the criminal proceeding.