Bill hopes to address increasing gang problem in S.C



COLUMBIA, S.C. -- Gangs have become a bigger problem in South Carolina in recent years and at least one lawmaker hopes new legislation can become a deterrent by keeping those convicted of gang-related crimes in prison longer.

Gang-related crime "is a more serious crime than a person that is individually committing crimes," bill sponsor Sen. Jake Knotts, R-West Columbia said Wednesday at a public hearing at the Statehouse.

But his bill faced opposition from some who said it would infringe on civil liberties and duplicate existing laws.

State Sen. Gerald Malloy, D-Hartsville, compared the new legislation to drug laws that called for harsher penalties for possession of crack cocaine compared with powdered cocaine. He said the law targets one group of people.

"Isn't this the same thing?" Malloy asked fellow members of the Senate Judiciary panel and others at the hearing.

But supporters of the legislation, including law enforcement officials, said gang-related crime is different because the activity often benefits the group as a whole.

South Carolina Sheriffs' Association director Jeff Moore said gangs in the Palmetto state differ from major cities because their numbers are fewer. He said most are made up of young kids looking for leadership, respect and discipline. "They're finding that in gangs," he said.

Moore and Knotts hope the legislation can at least provide a uniform definition that would provide clear criminal penalties for gang-related activity.

State Sen. Brad Hutto, D-Orangeburg, said the definition of a gang was too broad and could include organizations like the Boy Scouts and college fraternities. "Would you prosecute a family?" Hutto asked.

Knotts admitted the wording of the bill needs work. He has begun striking out specific words, including part of the title and other language about signs, colors, symbols and graffiti that was too specific.

But he still thinks he can win approval for his bill in the next legislative session.

Hutto and Malloy said the bill seems unnecessary because there already are laws dealing with crimes committed by a group of people, such as lynching, aiding and abetting and conspiracy.

The legislation calls for an additional five years in prison for a gang-related felony and an additional year on a misdemeanor. The sentencing guidelines would be at the judge's discretion. The bill also deals with seizing property in gang cases.

The Senate Judiciary subcommittee took no action on the bill Wednesday, but planned for continued discussion and possibly more hearings throughout the state.

On the Net: Senate bill 31: http://www.scstatehouse.net/


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