South Carolina Takes Another Shot at Hate Crimes Legislation
Columbia, S.C. — It seems the state is gearing up to tackle an issue that’s long overdue for attention: hate crimes. After a previous attempt fell flat, lawmakers in South Carolina are ready to give the “Senator Clementa C. Pinckney Hate Crimes Act” another whirl. This proposed law aims to beef up penalties for crimes motivated by hate, focusing on a range of factors that include race, color, religion, sex, gender, national origin, sexual orientation, and even physical or mental disabilities.
A Call for Change
Representative Wendell Gilliard of Charleston is the driving force behind this refiled bill. In case you’re not familiar, the bill is named to honor the late state senator and pastor of the Mother Emanuel A.M.E. Church, Clementa Pinckney, who tragically lost his life in the 2015 Charleston church shooting. “We should have already had it done by virtue of that alone,” Gilliard asserted, tapping into the emotional heart of the matter. “To have one of our own, to be among the victims, says a lot about how far we’ve come—and what we still need to accomplish.”
If passed, this legislation would introduce penalties including fines of up to $10,000 and a maximum of five years in prison for those found guilty of hate-driven crimes. In a striking move, the law would also mandate that all hate crimes be recorded in South Carolina. How about that—official recognition of a problem that has plagued society for too long!
Federal Protections and Local Implications
It’s important to understand that while a federal hate crimes statute exists, namely the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act from 2009, South Carolina remains one of only two states without its own hate crimes legislation. Mark Yancy, a professor at the University of South Carolina School of Law, points out that having a state law is vital. “Federal prosecutors can’t take up all those crimes,” he explains. “Local laws allow for penalties to take place at a more accessible level.”
Yancy added that while federal resources can be limited, having a state law could serve as a crucial fallback for cases that might otherwise slip through the cracks. “The crime may not be serious enough to warrant federal attention, so local crime options really help victims seek justice,” he noted.
What’s fascinating about this bill is that it wouldn’t introduce any new crimes; instead, it would enhance the penalties for existing offenses. But here’s the catch: prosecutors would need to prove that the crime was specifically motivated by hate, adding an additional layer to the legal proceedings.
Hopes for Passage
So why have similar bills struggled to gain traction in the past? Well, Gilliard has some ideas about that. Although the bill has passed the House multiple times, it’s faced a long, bumpy road in the Senate. With the tenth anniversary of the Mother Emmanuel AME Church shooting just around the corner, advocating for the bill feels especially poignant. “We’re going to need the civic organizations and the faith-based community to rally behind us,” he stated earnestly.
As the second week of January approaches, Gilliard and supporters are hoping to build a coalition that will help push their message forward. What happens next could make history for South Carolina, a state that has a pressing need for such legislation given its tragic past.
Final Thoughts
Here’s hoping that come next legislative session, lawmakers in South Carolina will seize the moment and take meaningful steps to enhance protections against hate crimes. After all, recognizing and penalizing such hateful actions isn’t just a legal necessity; it’s a moral imperative that the community deserves. Let’s keep our fingers crossed for progress!
