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"; TO AMEND 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, CREATE VARIOUS RACKETEERING OFFENSES AND ESTABLISH PENALTIES FOR VIOLATIONS, AND TO PROVIDE FOR FORFEITURE OF ASSETS USED IN A VIOLATION OF RACKETEERING PROVISIONS.

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

SECTION 1.   This act may be cited as the "South Carolina Street Gang and Criminal Enterprise Prevention and Anti-Racketeering Act".

SECTION 2.   The General Assembly finds that:

   (1) It is the right of every person, regardless of race, color, creed, religion, national origin, sex, age, sexual orientation, or handicap to be secure and protected from fear, intimidation, and physical harm caused by the activities of criminal gangs and criminal gang members. It is not the intent of this act to interfere with the exercise of the constitutionally protected rights of freedom of expression and association. The General Assembly recognizes the constitutional right of every citizen to harbor and express beliefs on any lawful subject, to lawfully associate with others who share similar beliefs, to petition lawfully constituted authority for a redress of perceived grievances, and to participate in the electoral process.

   (2) The State of South Carolina is facing a mounting crisis caused by criminal gangs whose members threaten and terrorize peaceful citizens and commit a multitude of crimes. These criminal gang activities, both individually and collectively, present a clear and present danger. The State has a compelling interest in preventing criminal gang activity, and the General Assembly finds that the provisions of this act are necessary to maintain the public order and safety.

   (3) The substantial harm inflicted on the people and economy of this State by pervasive violent street gangs and other forms of criminal enterprise is legitimately a matter of grave concern to the people of this State who have a basic right to be protected from that criminal activity and to be given adequate remedies to redress its harms. Street gangs, in particular, are responsible for a disproportionate amount of violent, sexual, and property crime which often involves the recruitment, use, or victimization of minors.

   (4) The current laws of this State provide inadequate remedies, procedures, and punishments and the General Assembly finds the provisions of this act necessary to address those inadequacies for the common good of this State and its people.

   (5) The General Assembly finds that the most effective punishment and deterrence of the criminal activities of criminal street gangs is not just through incarceration where appropriate, but also through forfeiture of the profits, proceeds, and instrumentalities acquired, accumulated, or used by criminal street gangs.

   (6) It is the intent of the General Assembly to eradicate the terror created by criminal gangs by providing enhanced penalties and by eliminating the patterns, profits, proceeds, instrumentalities, and property facilitating criminal gang activity, including criminal gang recruitment.

SECTION 3.   Chapter 8, Title 16, Article 3 of the S.C. Code is amended to read:

Article 3

Criminal South Carolina Street Gang

and Criminal Enterprise Prevention Act

   Section 16-8-210.   This article may be cited as the "Criminal South Carolina Street Gang and Criminal Enterprise Prevention Act".

   Section 16-8-230.   As used in this article:

   (1) "Contraband" means any real or personal property, including money, that is owned by, in the possession of, or subject to the control of a criminal gang member and which is acquired by, derived from, or traceable to criminal gang activity.

   (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.

   (3) "Criminal gang member" means an individual who is an active member of a criminal gang.

   (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 , four or more of the following offenses occurring within a two-year period, provided that at least three 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.

   (5) "Gang-related incident" means an incident that, upon investigation, meets any of the following conditions:

      (a) the participants are identified as criminal gang members acting collectively to further a criminal purpose of the criminal gang;

      (b) a reliable informant identifies an incident as criminal gang activity based upon first-hand knowledge or personal observation; or

      (c) a person other than a reliable informant provides information that identifies an incident as criminal gang activity, and it is corroborated by independent information.

   (1) "Criminal gang activity" means the commission, attempted commission, conspiracy to commit, solicitation, coercion, or intimidation of another person to commit, or aiding in the commission before or after the fact of a felony, in this State, any other state, or the United States any of the following offenses:

      (a) financial transaction card crimes as defined in Chapter 14, Title 16;

      (b) assault or battery crimes as defined in Chapter 3, Title 16;

      (c) breaking into a motor vehicle as defined in Section 16-13-160;

      (d) grand larceny as defined in Chapter 13, Title 16;

      (e) blackmail as defined in Section 16-17-640;

      (f) common law extortion;

      (g) malicious injury to property as defined in Sections 16-11-510, 16-11-520, 16-11-530, and 16-11-535;

      (h) drug offense as defined in Sections 44-53-370 and 44-53-375;

      (i) harassment, stalking, or aggravated stalking as defined in Article 17, Chapter 3, Title 16;

      (j) any offense relating to financial identity fraud or theft or identity fraud or theft as defined in Article 2, Chapter 13, Title 16 and Section 16-11-725;

      (k) a violation of the Computer Crime Act as defined in Chapter 16, Title 16;

      (l) retail theft as defined in Section 16-13-135;

      (m) common law obstruction of justice;

      (n)