More than half the states have enacted some type of anti-gang legislation.

South Carolina has not.

For the past few years, state Sen. Jake Knotts, R-Lexington, has tried to address that. Each time, the measure has failed. The most recent occurred during this past session, when the measure made it to the Senate floor but was never voted on.

But with gang crimes happening more frequently in the Midlands, many local officials are backing efforts to pass a bill during the 2005 legislative session.

“Hopefully, we can do it in the next year,” Knotts said.

The bill has already been prefiled by Knotts and Dick Elliott, D-Horry, in the Senate. A similar bill has been filed in the House, but that’s only a first step.

One of the state’s top criminal attorneys questions whether the law is necessary. And, because the U.S. Constitution guarantees the right to assemble, it is difficult to outlaw simple membership in a gang, experts say. That can make other aspects of anti-gang legislation difficult to craft as well.

Knotts’ bill focuses on the criminal activity of gangs. It seeks to define a gang member, a criminal gang and what constitutes gang activity. A criminal gang would consist of five or more persons who organize to commit criminal activity and who knowingly and actively participate in it.

The bill would make it illegal for gang members to intimidate someone into joining a gang or to keep someone from leaving a gang. It would also be illegal for a gang member to prevent a witness from testifying in a criminal case. Using a firearm to intimidate could bring stiffer sentences, such as additional fines and longer prison terms.

Jim Bannister, president of the S.C. Association of Criminal Defense Lawyers, lauded efforts to prevent gangs but said he isn’t sure the bill would accomplish that.

He said it would be more cost-effective to develop more community services for youths than to pay for more prison space or lengthen prison time for gang members.

Hate groups, motorcycle gangs and terrorist groups also would be considered criminal gangs under the measure.

“We wanted to define gang activity so that you didn’t go from one jurisdiction to another jurisdiction and the law changed,” Knotts said, referring to the bill’s history. “It needed to be a straight definition of what a gang activity was, what gang-related penalties would be on a statewide basis.”

Steve Nawojczyk, a nationally known gang expert from Little Rock, Ark., said the measure is similar to what other states have enacted.

But one thing to keep in mind, he said, is that such legislation is sure to drive gang activity deeper underground and make gang members more secretive.

Detective Mike Poole, of the Lexington County Gang Investigation Unit, said the bill at least shows the Legislature is serious about the gang problem.

“When somebody wants to get out, we should do everything we can to help them get out,” said Poole, who is president of the S.C. Gang Investigators Association.

Richland County Sheriff Leon Lott said the bill is “something that can help, but it’s not a total answer.”

Lott supports educational efforts to get adults to recognize gang identifiers and make youths understand that gangs are a dead end.

Preston Winkler, executive director of the Greater Columbia Community Relations Council, said he needs to review the bill again to make sure all can agree on the definitions it contains. He also wants to avoid a perception that the bill is focusing on minorities or the poor.

From a trial strategy standpoint, the law would be helpful, said David Pascoe, a Richland County assistant solicitor who prosecutes cases involving gang members.

It would allow all prosecutors to better prove a defendant is a gang member to show motive, he said. Sometimes, such information is not presented to a jury because the information could be prejudicial.

“They’ll get to hear all the facts,” Pascoe said.

Knotts said he would rather take up the issue now than later.

“What I don’t want is something to take place and all of a sudden we end up hastily throwing together a piece of legislation ... when we’ve had a chance for three terms now to actually be proactive instead of reactive.”

Reach Gonzales at (803) 771-8405 or jgonzales@thestate.com.