S 76

South Carolina General Assembly
126th Session, 2025-2026
Bill 76
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
Indicates Matter Stricken
Indicates New Matter
Committee Amendment Adopted and Amended
January 21, 2026
S. 76
Introduced by Senators Hembree, Grooms, Young,
Goldfinch, Sabb, Alexander, Kennedy, Cromer, Zell, Williams and Garrett
S. Printed 1/21/26--S.  [SEC
1/26/2026 2:57 PM]
Read the first time January 14, 2025
________
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING
SECTION 16-8-230, RELATING TO DEFINITIONS, SO AS TO PROVIDE APPROPRIATE
DEFINITIONS; BY AMENDING SECTION 16-8-240, RELATING TO USE OF OR THREAT OF
PHYSICAL VIOLENCE BY CRIMINAL GANG MEMBERS AND PENALTIES, SO AS TO ESTABLISH
UNLAWFUL CRIMINAL GANG ACTIVITY; BY ADDING SECTION 16-8-245 SO AS TO PROVIDE ADMISSIBILITY
OF CRIMINAL GANG AND CRIMINAL GANG ACTIVITY EVIDENCE DURING A TRIAL OR
PROCEEDING; BY AMENDING SECTION 16-8-250, RELATING TO PREVENTING WITNESSES OR
VICTIMS FROM TESTIFYING AND PENALTIES, SO AS TO PROVIDE A MECHANISM TO ABATE A
PUBLIC NUISANCE OF REAL PROPERTY USED BY A CRIMINAL GANG; BY ADDING SECTION
16-8-275 SO AS TO PROVIDE ADMISSIBILITY IN A CRIMINAL PROCEEDING OF THE
ACCUSED'S COMMISSION OF CRIMINAL GANG ACTIVITY; BY ADDING SECTION 16-8-520 SO
AS TO PROVIDE APPROPRIATE DEFINITIONS FOR THE ANTI-RACKETEERING ACT; BY ADDING
SECTION 16-8-530 SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON TO ENGAGE IN
RACKETEERING ACTIVITY; BY ADDING SECTION 16-8-540 SO AS TO PROVIDE CRIMINAL
PENALTIES FOR ENGAGING IN RACKETEERING ACTIVITY; BY ADDING SECTION 16-8-550 SO
AS TO PROVIDE THAT THE CIRCUIT COURT MAY ENJOIN VIOLATIONS OF THE
ANTI-RACKETEERING ACT BY ISSUING APPROPRIATE ORDERS; BY ADDING SECTION 16-8-560
SO AS TO ESTABLISH JURISDICTION FOR RACKETEERING ACTIVITY; BY ADDING SECTION
16-8-570 SO AS TO PROVIDE PROTECTION FROM DISCLOSURE OF INFORMANTS; AND BY
AMENDING SECTION 14-7-1630, RELATING TO JURISDICTION OF JURIES, NOTIFICATION TO
IMPANEL JURIES, POWERS AND DUTIES OF IMPANELING AND PRESIDING JUDGES, THE
TRANSFER OF INCOMPLETE INVESTIGATIONS, EFFECTIVE DATES AND NOTICE REQUIREMENTS
WITH RESPECT TO ORDERS OF JUDGE, AND APPEALS, SO AS TO ADD THE CRIME OF
RACKETEERING TO THE JURISDICTION OF THE STATE GRAND JURY.
    Amend Title To Conform
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  Section 16-8-230 of the S.C. Code is amended to read:
    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
    (2) "Criminal gang activity"
means any act to commit or attempt to commit, to aid or conspire to commit, or
to solicit, coerce, or intimidate another person to commit or attempt to
commit, to aid or to conspire to commit a crime that is chargeable by
indictment, in this State, any other state or federal jurisdiction 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 Title 44
and punishable by imprisonment for more than one year;
       (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) organized retail crime as defined
in Section 16-13-135;
       (m) common law obstruction of justice;
       (n) any offense that carries a
potential penalty of five years or more imprisonment;
       (o) any offense relating to escape and
other offenses related to confinement;
       (p) any offense relating to the
security of state or county correctional facilities;
       (q) any offense of criminal trespass or
criminal damage to property resulting from any act of gang-related painting on,
tagging, marking on, writing on, or creating any form of graffiti on the
property of another;
       (r) any criminal offense committed in
violation of the laws of the United States or its territories, dominions, or
possessions, any of the several states, or any foreign nation which, if
committed in this State, would be considered criminal gang activity pursuant to
this section; and
       (s) any criminal offense in this State,
any other state, or the United States that involves violence, possession of a
weapon, or use of a weapon, whether designated as a felony or not, and
regardless of the maximum sentence that could be imposed or actually was
imposed.
    (3) "Criminal gang" means any
formal or informal organization, association, group that consists of three or
more persons that has as one of its primary purposes the commission of one or
more of the offenses listed in item (1) above. 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.
SECTION 2.  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 bothperson associated with a
criminal gang to conduct or participate in criminal gang activity.
    (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 bothIt is
unlawful for a person to cause, encourage, solicit, recruit, threaten, 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.
    (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. 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 person with the intent to:
       (1) deter such person from assisting a
member or associate of a criminal gang to withdraw from a criminal gang;
       (2) punish or retaliate against a person
for having withdrawn from a criminal gang;
       (3) punish or retaliate against a person
for refusing to or encouraging another to refuse to obtain the status of a
member or associate of a criminal gang;
       (4) punish or retaliate against a person
for providing statements or testimony against criminal gangs or any criminal
gang member or associate; or
       (5) intimidate, deter, or prevent a
person from communicating with or providing testimony to a law enforcement or
corrections officer, a prosecuting attorney, or judge any information relating
to criminal gangs, criminal gang members or associates, or criminal gang
activity.
    (D)(1)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. violates the provisions of subsection (A) or (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 sentence imposed. Restitution also
must be ordered as a condition of a sentence imposed. To be subject to the
penalty under this subsection, it must be shown one participated in a criminal
gang activity to promote or further the gang's felonious activities, or
maintain or increase his position in the gang, or he has been convicted or
adjudicated delinquent within the past five years for an offense listed in
Section 16-8-230(2) while being in a criminal gang.
       (2) A person who violates the provisions
of subsection (C) 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.
       (3) A person who violates the provisions
of this section through the solicitation, recruitment, or coercion of or a
threat to 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.
    (E) In addition to any other penalty provided in this section, all
sentences imposed pursuant to this section require as a special condition of
the sentence that the person sentenced may not knowingly have contact of any
kind or character with any other member or associate of a criminal gang, may
not participate in any criminal gang activity and, in cases involving a victim,
may not knowingly have contact of any kind or character with any such victim or
any member of the victim's family or household. This special condition of the
sentence does not apply to prisoners or inmates in the custody of the
Department of Corrections or local jails, or a child in the custody of the
Department of Juvenile Justice or local jail.
    (F) Each offense committed in violation
of this article must be indicted and considered a separate offense.
    (G) When two or more defendants are
jointly charged with any criminal gang activity offense, whether felony or
misdemeanor, they must be tried jointly unless the court orders separate
trials. Severance may not be granted as a matter of law when codefendants
present mutually antagonistic defenses, but must be granted, in the court's
exercise of discretion, only when there is a serious risk that a joint trial
would compromise a specific trial right of a codefendant or prevent the jury
from making a reliable judgment about a codefendant's guilt. The trial court
shall provide appropriate cautionary instructions to the jury to protect the
individual rights of each codefendant and ensure that no prejudice results from
a joint trial. In ordering separate trials, the court in its discretion may
order a separate trial as to one or more defendants, and a joint trial as to
the others, or may order any number of the defendants to be tried at one trial,
and any number of the others at different trials, or may order a separate trial
for each defendant; provided, that when two or more persons can be jointly
tried, the fact that separate accusatory pleadings were filed does not prevent
their joint trial.
    (H) Nothing in this section
limits prosecution under any other provision of law.
SECTION 3.  Chapter 8, Title 16 of the S.C. Code is amended by
adding:
    Section
16-8-245.  (A) 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
gang is admissible in any trial or proceeding. The pendency of an appeal may be
shown but does not affect admissibility.
    (B) A
defendant's conviction of any offense contained in this article is admissible
in any subsequent action or proceeding relating to additional offenses
contained in this article.
SECTION 4.  Section 16-8-250 of the S.C. Code is amended to read:
    Section
16-8-250.  (A) It is unlawful for a criminal gang member by threat or force
to:
       (1) prevent a witness or victim from
attending or giving testimony at a trial, proceeding, or inquiry authorized by
law that concerns or relates to any criminal activity;  or
       (2) attempt to prevent a witness or
victim from attending or giving testimony at a trial, proceeding, or inquiry
authorized by law that concerns or relates to any criminal activity.
    (B) A criminal gang member who violates
a provision of this section is guilty of a felony and, upon conviction, must be
punished by a fine of not more than ten thousand dollars or imprisoned for not
more than ten years, or both.
    (A) Any real property which is erected,
established, maintained, owned, leased, or used by a criminal gang for the
purpose of conducting criminal gang activity constitutes a public nuisance and
may be abated pursuant to Chapter 43, Title 15.
    (B) An action to abate a nuisance
pursuant to this section may be brought by the Attorney General or circuit
solicitor in the appropriate state or municipal court.
    (C) The State, political subdivision,
or any person aggrieved by a criminal gang or criminal gang activity may bring
an action to enjoin a violation of this article.
    (C)(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 his 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.
    (D) Nothing in this section limits
prosecution under any other provision of law.
SECTION 5.  Chapter 8, Title 16 of the S.C. Code is amended by
adding:
    Section
16-8-275.  (A) In a criminal
proceeding in which a person is accused of conducting or participating in
criminal gang activity enumerated in Section 16-8-230, relevant evidence of the
accused's commission of criminal gang activity is admissible.
    (B)This
section is not the exclusive means to admit or consider evidence described in
this section.
SECTION 6.  Chapter 8, Title 16 of the S.C. Code is amended by
adding:
Article 5
Anti-Racketeering
Act
    Section
16-8-520.  As used in this article, the term:
    (1)
"Enterprise" includes any individual, partnership, corporation,
association, or other legal entity, and any union or group of individuals
associated in fact although not a legal entity.
    (2)
"Pattern of racketeering activity" means engaging in a pattern of
racketeering activity and at least two acts of racketeering activity occur
within a five-year period excluding any periods of imprisonment or 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.
    (3)
"Racketeering activity" means illegal activity conducted for monetary
gain.  Illegal activity includes:
        (A)
any act or threat involving murder, kidnapping, gambling, arson, robbery,
theft, receipt of stolen property, bribery, extortion, obstruction of justice,
dealing in obscene matter, or dealing in a controlled substance or other drug
which is chargeable under state law and punishable by imprisonment for more
than one year;
        (B)
any act to commit, to attempt to commit, or to solicit, coerce, or intimidate
another person to commit a crime that is chargeable by indictment in this State
or any other state or federal jurisdiction, under any of the following offenses:
  (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 in utero due to
the commission of a violent crime;
  (l)
Article 17, Chapter 3, Title 16, relating to harassment and stalking;
  (m)
Article 19, Chapter 3, Title 16, relating to trafficking in persons;
  (n)
Article 3, Chapter 11, Title 16, relating to arson and other offenses involving
fire;
  (o)
Article 5, Chapter 11, Title 16, relating to burglary, housebreaking, robbery,
and the like;
  (p)
Article 9, Chapter 11, Title 16, relating to bootleg and counterfeit records,
tapes, and recordings;
  (q)
Section 16-13-10, relating to forgery;
  (r)
Section 16-13-30, relating to petit and grand larceny;
  (s)
Section 16-13-40, relating to the stealing of bonds and the like;
  (t)
Sections 16-13-105 through 16-13-135, relating to shoplifting and organized
retail crime;
  (u)
Section 16-13-70, relating to the stealing of vessels and equipment;
  (v)
Section 16-13-170, relating to entering a house or vessel, without breaking,
with the intent to steal or commit another crime;
  (w)
Section 16-13-180, relating to receiving stolen goods, chattels, or other
property;
  (x)
Sections 16-13-210, relating to the embezzlement of public funds;
  (y)
Section 16-13-230, relating to breach of trust with fraudulent intent;
  (z)
Section 16-13-240, relating to obtaining a signature or property by false
pretense;
  (aa)
Section 16-13-260, relating to obtaining property under false tokens or
letters;
  (bb)
Section 16-13-290, relating to securing property by the fraudulent
impersonation of an officer;
  (cc)
Section 16-13-320, relating to swindling;
  (dd)
Section 16-13-385, relating to altering, tampering with, or bypassing electric,
gas, or water meters;
  (ee)
Section 16-13-400, relating to avoiding or attempting to avoid the payment of
telecommunications services;
  (ff)
Section 16-13-430, relating to the fraudulent acquisition or use of food
stamps;
  (gg)
Sections 16-13-450, 16-13-451, and 16-13-480, relating to false identification
documents;
  (hh)
Sections 16-15-90 through 16-15-110, relating to prostitution;
  (ii)
Article 3, Chapter 15, Title 16, relating to obscenity, material harmful to
minors, child exploitation, and child prostitution;
  (jj)
Article 3, Chapter 9, Title 16, relating to bribery, the corruption of jurors,
and the like;
  (kk)
Sections 16-9-340, 16-9-350, and 16-9-370, relating to the influencing of court
officials, jurors, or witnesses;
  (ll)
Section 16-9-460, relating to unlawful entry into the United States and
furthering illegal entry by or avoidance of detection of an undocumented alien;
  (mm)
Article 1, Chapter 9, Title 16, relating to perjury;
  (nn)
Chapter 19, Title 16, relating to gambling and lotteries;
  (oo)
Article 13, Chapter 6, Title 61, relating to unlawful manufacture, possession,
and sales of alcohol;
  (pp)
Chapter 23, Title 16, relating to offenses involving weapons;
  (qq)
Chapter 1, Title 35, relating to violations of the South Carolina Uniform
Securities Act of 2005;
  (rr)
Chapter 14, Title 16, relating to violations of the Financial Transaction Card
Crime Act;
  (ss)
Chapter 29, Title 56, relating to violations of the Motor Vehicle Chop Shop,
Stolen, and Altered Property Act;
  (tt)
Chapter 16, Title 16, relating to violations of the Computer Crime Act;
  (uu)
Section 38-55-170, relating to presenting false insurance claims for payment;
  (vv)
Article 5, Chapter 55, Title 38, relating to violations of the Omnibus
Insurance Fraud and Reporting Immunity Act;
  (ww)
Chapter 36, Title 34, relating to violations in relation to loan brokers;
  (xx)
Chapter 23, Title 37, relating to violations of the South Carolina High Cost
and Consumer Home Loans Act;
  (yy)
Chapter 13, Title 8, relating to ethics, government accountability, and
campaign reform;
  (zz)
Chapter 11, Title 35, relating to violations of the South Carolina Anti-Money
Laundering Act; or
  (aaa)
Chapter 17, Title 2, relating to lobbyists and lobbying.
        (C)
"Racketeering activity" also shall mean any conduct defined as
"racketeering activity" under federal law.
SECTION 7.  Chapter 8, Title 16 of the S.C. Code is amended by
adding:
    Section
16-8-530.   It is unlawful for any person to conspire, endeavor, or engage in
the affairs of an enterprise through a pattern of racketeering activity or
invest income derived from racketeering activities.
SECTION 8.  Chapter 8, Title 16 of the S.C. Code is amended by
adding:
    Section
16-8-540.  (A) Any person convicted
of the offense of engaging in activity in violation of Section 16-8-530 is
guilty of a felony and, upon conviction:
       (1)
for a first offense, must be fined as provided in subsection (B) or imprisoned
not less than five nor more than twenty years, no part of which may be
suspended nor probation granted, or both; and
       (2)
for a second or subsequent offense, must be fined as provided in subsection (B)
or imprisoned not less than ten nor more than twenty years, no part of which
may be suspended nor probation granted, or both.
    (B)
Any person convicted of the offense of engaging in conduct in violation of
Section 16-8-530 may be sentenced to pay a fine that does not exceed the
greater of twenty-five thousand dollars or three times the amount of any
pecuniary value gained from the violation.
    (C)
The court shall hold a hearing to determine the amount of the fine authorized
by subsection (B).
    (D)
For the purposes of subsection (B), the term "pecuniary value" means:
       (1)
anything of value in the form of money, a negotiable instrument, a commercial
interest, or anything else, the primary significance of which is economic
advantage; and
       (2)
any other property or service that has a value more than one hundred dollars.
SECTION
9.A.  Chapter 8, Title 16 of the S.C. Code is
amended by adding:
    Section
16-8-545.  (A) The "Youth Violence
Prevention and Reduction Fund" is established within the Department of Public
Safety for the purpose of assisting in the prevention and reduction of youth
violence within communities.
       (1)
For fines collected under Section 16-8-540, two and one-half percent of the
monies collected must be remitted to the fund.
       (2)
The remainder of the fines collected under Section 16-8-540 shall be
distributed as provided in Section 14-1-205.
    (B) The
Public Safety Coordinating Council shall oversee the fund and shall establish a
process for the application for and disbursement of monies, including allowing
monies from this fund to be contributed to funds overseen by the Public Safety
Coordinating Council, which are dedicated to youth and juvenile justice and are
established on the effective date.
B. Section 14-1-205 of the S.C. Code is amended to read:
    Section
14-1-205.  Except as provided in Sections 16-8-545, 17-15-260, 34-11-90, and 56-5-4160, on January
1, 1995, fifty-six percent of all costs, fees, fines, penalties, forfeitures,
and other revenues generated by the circuit courts and the family courts,
except the one-hundred-dollar-filing fee prescribed in Section 8-21-310(C)(1)
must be remitted to the county in which the proceeding is instituted and
forty-four percent of the revenues must be delivered to the county treasurer to
be remitted monthly by the fifteenth day of each month to the State Treasurer
on forms and in a manner prescribed by him. When a payment is made to the
county in installments, the state's portion must be remitted to the State
Treasurer by the county treasurer on a monthly basis. The forty-four percent
remitted to the State Treasurer must be deposited as follows:
    (1)
72.93 percent to the general fund;
    (2)
16.73 percent to the Department of Behavioral Health and Developmental
Disabilities to be used exclusively for the treatment and rehabilitation of
drug addicts within the Office of Mental Health's addiction center facilities;
    (3)
10.34 percent to the Office of the Attorney General, South Carolina Crime
Victim Services Division, Department of Crime Victim Compensation, Victim
Compensation Fund.
    In any court, when
sentencing a person convicted of an offense which has proximately caused
physical injury or death to the victim, the court may order the defendant to
pay a restitution charge commensurate with the offense committed, not to exceed
ten thousand dollars, to the Office of the Attorney General, South Carolina
Crime Victim Services Division, Department of Crime Victim Compensation, Victim
Compensation Fund.
C. This
SECTION takes effect on July 1, 2027. Fines collected prior to the effective
date will be distributed under Section 14-1-205.
SECTION 10. Chapter 8, Title 16 of the S.C. Code is amended by
adding:
    Section
16-8-550.  (A) The circuit court,
after making due provisions for the rights of innocent persons, may enjoin
violations of Section 16-80-530 by issuing appropriate orders and judgments
including, but not limited to:
       (1)
ordering any defendant to divest himself of any interest in any enterprise,
real property, or personal property;
       (2)
imposing reasonable restrictions upon the future activities or investments of
any defendant including, but not limited to, prohibiting any defendant from
engaging in the same type of endeavor as the enterprise in which he was engaged
in violation of Section 16-8-530;
       (3)
ordering the dissolution or reorganization of any enterprise; or
       (4)
ordering the suspension or revocation of any license, permit, or prior approval
granted to any enterprise by any agency or subdivision of the State.
    (B)
Any aggrieved person or the State may institute a civil action under subsection
(A). In such civil action, relief must be granted in conformity with the
principles that govern the granting of injunctive relief from threatened loss
or damage in other civil cases, provided that no showing of special or
irreparable damage to the person has to be made. Upon the execution of proper
bond against damages for an injunction improvidently granted and a showing of
immediate danger of significant loss or damage, a temporary restraining order
and a preliminary injunction may be issued in any such action before a final
determination on the merits.
    (C) A
person who is injured by reason of a violation of Section 16-8-530 has a cause
of action for three times the actual damages sustained and, when appropriate,
punitive damages. Such person also shall recover attorney's fees in the trial
and appellate courts and costs of investigation and litigation reasonably
incurred. The defendant or any injured person may demand a trial by jury in any
civil action brought pursuant to this section.
    (D) An
injured person has a right or claim to forfeited property or to the proceeds
superior to any right or claim the state or local government has in the same
property or proceeds other than for costs incurred by the State in any civil or
criminal investigation or prosecution related to the racketeering activity for
which the property was intended for use, used, or derived. To enforce such a
claim, the injured person must intervene in the civil forfeiture proceeding
prior to the entry of a final judgment.
    (E) A
conviction in any criminal proceeding estops the defendant in any subsequent
civil action or civil forfeiture proceeding under this article as to all
matters proved in the criminal proceeding.
SECTION 11. Chapter 8, Title 16 of the S.C. Code is amended by
adding:
    Section
16-8-560.  In any criminal proceeding, the crime will be considered to have
been committed in any county in which an incident of racketeering activity has
occurred or in which an interest or control of an enterprise or real or
personal property is acquired or maintained.
SECTION 12. Chapter 8, Title 16 of the S.C. Code is amended by
adding:
    Section
16-8-570. In all civil actions brought under the provisions of this article,
the identity of an informant, identifying information relating to an informant,
and all matters exempt from disclosure under Chapter 4, Title 30, the Freedom
of Information Act, are exempt from discovery or disclosure under the rules of
civil procedure.
SECTION 13. Section 14-7-1630(A) of the S.C. Code is amended to
read:
    (A) The jurisdiction of a state grand
jury impaneled pursuant to this article extends throughout the State. The
subject matter jurisdiction of a state grand jury in all cases is limited to
the following offenses:
       (1)
a crime involving narcotics, dangerous drugs, or controlled substances, or a
crime arising out of or in connection with a crime involving narcotics,
dangerous drugs, or controlled substances, including, but not limited to, money
laundering as specified in Section 44-53-475, obstruction of justice, perjury
or subornation of perjury, or any attempt, aiding, abetting, solicitation, or
conspiracy to commit one of the aforementioned crimes, if the crime is of a
multi-county nature or has transpired or is transpiring or has significance in
more than one county of this State;
       (2)
a crime involving criminal gang activity or a pattern of criminal gang activity
pursuant to Article 3, Chapter 8, Title 16 or a crime
involving racketeering activity pursuant to Article 5, Chapter 8, Title 16;
       (3)
a crime, statutory, common law or other, involving public corruption as defined
in Section 14-7-1615, a crime, statutory, common law or other, arising out of
or in connection with a crime involving public corruption as defined in Section
14-7-1615, and any attempt, aiding, abetting, solicitation, or conspiracy to
commit a crime, statutory, common law or other, involving public corruption as
defined in Section 14-7-1615;
       (4)
a crime involving the election laws, including, but not limited to, those named
offenses specified in Title 7, or a common law crime involving the election
laws if not superseded, or a crime arising out of or in connection with the
election laws, or any attempt, aiding, abetting, solicitation, or conspiracy to
commit a crime involving the election laws;
       (5)
a crime involving computer crimes, pursuant to Chapter 16, Title 16, or a
conspiracy or solicitation to commit a crime involving computer crimes;
       (6)
a crime involving terrorism, or a conspiracy or solicitation to commit a crime
involving terrorism. Terrorism includes an activity that:
  (a)
involves an act dangerous to human life that is a violation of the criminal
laws of this State;
  (b)
appears to be intended to:
  (i) intimidate or coerce a civilian
population;
  (ii) influence the policy of a
government by intimidation or coercion;  or
  (iii) affect the conduct of a
government by mass destruction, assassination, or kidnapping;  and
  (c)
occurs primarily within the territorial jurisdiction of this State;
       (7)
a crime involving a violation of Chapter 1, Title 35 of the Uniform Securities
Act, or a crime related to securities fraud or a violation of the securities
laws;
       (8)
a crime involving obscenity, including, but not limited to, a crime as provided
in Article 3, Chapter 15, Title 16, or any attempt, aiding, abetting,
solicitation, or conspiracy to commit a crime involving obscenity;
       (9)
a crime involving the knowing and wilful making of, aiding and abetting in the
making of, or soliciting or conspiring to make a false, fictitious, or
fraudulent statement or representation in an affidavit regarding an alien's
lawful presence in the United States, as defined by law, if the number of
violations exceeds twenty or if the public benefit received by a person from a
violation or combination of violations exceeds twenty thousand dollars;
       (10)
a crime involving financial identity fraud or identity fraud involving the
false, fictitious, or fraudulent creation or use of documents used in an
immigration matter as defined in Section 16-13-525, if the number of violations
exceeds twenty, or if the value of the ascertainable loss of money or property
suffered by a person or persons from a violation or combination of violations
exceeds twenty thousand dollars;
       (11)
a crime involving the knowing and wilful making of, aiding or abetting in the
making of, or soliciting or conspiring to make a false, fictitious, or
fraudulent statement or representation in a document prepared or executed as
part of the provision of immigration assistance services in an immigration
matter, as defined by law, if the number of violations exceeds twenty, or if a
benefit received by a person from a violation or combination of violations
exceeds twenty thousand dollars;
       (12)
a knowing and wilful crime involving actual and substantial harm to the water,
ambient air, soil or land, or both soil and land. This crime includes a knowing
and wilful violation of the Pollution Control Act, the Atomic Energy and
Radiation Control Act, the State Underground Petroleum Environmental Response
Bank Act, the State Safe Drinking Water Act, the Hazardous Waste Management
Act, the Infectious Waste Management Act, the Solid Waste Policy and Management
Act, the Erosion and Sediment Control Act, the South Carolina Mining Act, and
the Coastal Zone Management Act, or a knowing and wilful crime arising out of
or in connection with environmental laws, or any attempt, aiding, abetting,
solicitation, or conspiracy to commit a knowing and wilful crime involving the
environment if the anticipated actual damages, including, but not limited to,
the cost of remediation, is two million dollars or more, as certified by an
independent environmental engineer who must be contracted by the Department of Health and Environmental ControlServices. If the knowing and wilful crime is a violation
of federal law, a conviction or an acquittal pursuant to federal law for the
same act is a bar to the impaneling of a state grand jury pursuant to this
section;
       (13)
a crime involving or relating to the offense of trafficking in persons, as
defined in Section 16-3-2020, when a victim is trafficked in more than one
county or a trafficker commits the offense of trafficking in persons in more
than one county;  and
       (14)
a crime involving a violation of the South Carolina Anti-Money Laundering Act
as set forth in Chapter 11, Title 35, or a crime related to a violation of the
Anti-Money Laundering Act.
SECTION 14. The repeal or amendment by this act
of any law, whether temporary or permanent or civil or criminal, does not affect
pending actions, rights, duties, or liabilities founded thereon, or alter,
discharge, release or extinguish any penalty, forfeiture, or liability incurred
under the repealed or amended law, unless the repealed or amended provision
shall so expressly provide.  After the effective date of this act, all
laws repealed or amended by this act must be taken and treated as remaining in
full force and effect for the purpose of sustaining any pending or vested
right, civil action, special proceeding, criminal prosecution, or appeal
existing as of the effective date of this act, and for the enforcement of
rights, duties, penalties, forfeitures, and liabilities as they stood under the
repealed or amended laws.
SECTION 15. If any section, subsection,
paragraph, subparagraph, sentence, clause, phrase, or word of this act is for
any reason held to be unconstitutional or invalid, such holding shall not
affect the constitutionality or validity of the remaining portions of this act,
the General Assembly hereby declaring that it would have passed this act, and
each and every section, subsection, paragraph, subparagraph, sentence, clause,
phrase, and word thereof, irrespective of the fact that any one or more other
sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases,
or words hereof may be declared to be unconstitutional, invalid, or otherwise
ineffective.
SECTION 16. This act takes effect upon
approval by the Governor.
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This web page was last updated on January 26, 2026 at 02:58 PM