Indicates Matter Stricken

Indicates New Matter

Committee Amendment Adopted and Amended

04/03/24

S. 154

Introduced by Senators Young, Senn and Cromer

S. Printed 04/03/24--S.                                                                          [SEC 4/4/2024 12:54 PM]

Read the first time January 10, 2023

________

A bill

to amend the South Carolina Code of Laws by ENACTing THE "SOUTH CAROLINA STREET GANG AND CRIMINAL ENTERPRISE PREVENTION AND ANTI-RACKETEERING ACT"; by AMENDing ARTICLE 3 OF CHAPTER 8, TITLE 16, RELATING TO THE CRIMINAL GANG PREVENTION ACT, SO AS TO RETITLE THE ARTICLE, REVISE THE DEFINITIONS FOR PURPOSES OF THE ARTICLE, AND RESTRUCTURE THE ARTICLE AND THE OFFENSES AND PENALTIES CONTAINED WITHIN IT; AND BY ADDING ARTICLE 5 TO CHAPTER 8, TITLE 16 SO AS TO CREATE ANTI-RACKETEERING PROVISIONS TO COMPLIMENT THE REVISED STREET GANG AND CRIMINAL ENTERPRISE PREVENTION ARTICLE, DEFINE NECESSARY TERMS, AND CREATE VARIOUS RACKETEERING OFFENSES AND ESTABLISH PENALTIES FOR VIOLATIONS.

    Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1.  Chapter 8, Title 16 of the S.C. Code is amended by adding:

    Article 5

    Anti-Racketeering

    Section 16-8-510. The General Assembly finds that:

    (1) A severe problem is posed in this State by the increasing sophistication of various criminal elements and the increasing extent to which the State and its citizens are harmed by the activities of these elements.

    (2) The intent of this article is to impose sanctions against those who violate this article and to provide compensation to persons injured or aggrieved by such violations. It is not the intent of the General Assembly that isolated incidents of misdemeanor conduct or acts of civil disobedience be prosecuted under this article. It is the intent of the General Assembly, however, that this article apply to an interrelated pattern of criminal activity motivated by, or the effect of which, is pecuniary gain or economic or physical threat or injury. This article must be liberally construed to effectuate the remedial purposes embodied in its operative provisions.

    Section 16-8-520. As used in this article, the term:

    (1) "Alien corporation" means a corporation organized under laws other than the laws of the United States or the laws of any state of the United States.

    (2) "Beneficial interest" means:

           (a)   the interest of a person as a beneficiary under any trust arrangement pursuant to which a trustee holds legal or record title to real property for the benefit of the person; or

           (b)   the interest of a person under any form of express fiduciary arrangement pursuant to which any other person holds legal or record title to real property for the benefit of the person.

       "Beneficial interest" does not mean the interest of a stockholder in a corporation or the interest of a partner in either a general partnership or limited partnership. A beneficial interest is deemed to be located where the real property owned by the trustee or other person is located.

    (3) "Civil proceeding" means a civil proceeding commenced by an investigative agency under a provision of this article.

    (4) "Criminal proceeding" means a criminal proceeding commenced by an investigative agency under a provision of this article.

    (5) "Documentary material" means a book, paper, document, writing, drawing, graph, chart, photograph, phonorecord, magnetic tape, computer printout, or other data compilation from which information can be obtained or from which information can be translated into usable form, or other tangible item.

    (6) "Enterprise" means a person, sole proprietorship, partnership, corporation, business trust, union chartered under the laws of this State, other legal entity, or unchartered union, association, or group of individuals associated in fact although not a legal entity. "Enterprise" includes illicit as well as licit enterprises and governmental as well as other entities.

    (7) "Investigative agency" means the Office of Attorney General, the South Carolina Law Enforcement Division, or a solicitor's office.

    (8) "Pattern of racketeering activity" means:

       (a) engaging in at least two acts of racketeering activity in furtherance of one or more incidents, schemes, or transactions that have the same or similar intents, results, accomplices, victims, or methods of commission or otherwise are interrelated by distinguishing characteristics and are not isolated incidents, with the last of the acts having occurred within four years, excluding any periods of imprisonment, after the commission of a prior act of racketeering activity; or

       (b) engaging in any one or more acts of domestic terrorism as described in Sections 16-23-710(18) and 16-23-715 or a criminal attempt, criminal solicitation, or criminal conspiracy related to domestic terrorism.

    (9) "Racketeering activity" means to commit, to attempt to commit, or to solicit, coerce, or intimidate another person to commit a crime that is chargeable by indictment under the following laws of this State:

       (a) Article 3, Chapter 53, Title 44, relating to narcotics and controlled substances;

       (b) Section 16-11-617, relating to marijuana;

       (c) Article 1, Chapter 3, Title 16, and the common law relating to homicide;

       (d) Article 3, Chapter 3, Title 16, relating to assault and battery by mob;

       (e) Article 5, Chapter 3, Title 16, relating to dueling;

       (f) Article 7, Chapter 3, Title 16, relating to assault and criminal sexual conduct;

       (g) Article 8, Chapter 3, Title 16, relating to sexual performance by children;

       (h) Article 9, Chapter 3, Title 16, relating to kidnapping;

       (i) Section 16-3-1040, relating to threatening the life, person, or family of a public official or public employee;

       (j) Section 16-3-1045, relating to the use or employment of a person under eighteen to commit certain crimes;

       (k) Section 16-3-1083, relating to the death or injury of a child