Judiciary committee advances S.99 after amendment; committee also clears public-safety and property bills

The South Carolina Senate Judiciary Committee met Oct. 27 and moved a package of bills, led by S.99, which would add enhanced penalties for certain violent offenses when the trier of fact finds the defendant intentionally selected the victim based on the defendant’s perception of the victim’s race, color, religion, gender, national origin, sexual orientation, or physical or mental disability.

The committee took up S.99 (Adams) after staff described the bill’s core provision: enhanced penalties of up to a $10,000 fine or up to five years imprisonment when a factfinder determines the offense was committed, in whole or in part, because of the defendant’s perception of a protected characteristic. The bill as reported from subcommittee originally referenced the U.S. Supreme Court decision Bostock v. Clayton County, Georgia in defining one element; the committee voted to remove that Bostock-based language and later adopted an amendment to add political views to the list of protected characteristics.

Why it matters

Supporters said the bill creates a process to document and punish crimes motivated by a perpetrator’s bias, and includes a supplemental proceeding held after an underlying conviction so news attention on the underlying case does not immediately brand a matter as bias-motivated before the supplemental factfinding occurs. Opponents argued the measure risks treating identical violent offenses differently based on motive and raised concerns about prosecutorial overreach and court workload.

What the committee did and why

- Staff summary and amendment: Committee staff explained S.99 would add a new code section with enhanced penalties and described a proposed subcommittee amendment that would strike the provision aligning the bill’s definition to Bostock v. Clayton County. The committee adopted that amendment without recorded opposition.

- Debate highlights: Debate was extensive. A senator identified in the transcript as the Senator from Edgefield argued the bill “treats people differently” and urged tabling, saying it risks creating unequal penalties for the same underlying violence. Multiple other senators pressed on the procedural design: Senator from Charleston asked whether the bill preserves a supplemental proceeding after conviction (staff and the sponsor confirmed it does), and Senator Khamsin argued for and won an amendment to add political views to the protected characteristics.

- Voting and outcome: After amendments, the committee voted to approve S.99 as amended. The final recorded tally in committee was 12 in favor and 8 opposed.

Votes at a glance (other measures considered)

- S.427 (increase penalties for harming law-enforcement dogs or horses): Reported favorably after testimony from law enforcement. Committee moved the bill forward with no recorded opposition.

- Assault and battery on health-care professionals/health-care facilities: The committee created a separate offense with enhanced penalties for assaulting health-care workers or in health-care facilities and adopted a subcommittee amendment that also added enhanced penalties for assaults on correctional officers. The bill passed the committee with two members recorded in opposition.

- S.114 (telecommunications location data for emergencies): The committee approved legislation requiring wireless providers to provide device location to law enforcement in imminent-death or serious-injury emergencies; the bill passed with stakeholder support and no recorded opposition.

- Reckless vehicular homicide and related reckless-driving changes: Committee members discussed creating a felony reckless-driving offense and adding a moderate bodily-injury tier. Senators asked for clearer statutory language; the committee carried this bill over for further work.

- Developmental transfer rights (local voluntary transfer of development rights): The committee voted to report favorably on a bill allowing local governments to create ordinances for voluntary transfers of development rights (a tool to concentrate density and preserve other land); members asked questions about interjurisdictional transfers and safeguards.

- Probate small-estates and trust-code changes (House bills): The committee cleared changes that raise the small-estate threshold from $25,000 to $45,000 and extend the statutory rule against perpetuities to 360 years; both measures were reported favorably.

- Discharging firearm into a dwelling or vehicle; public-transit trespass; mail-theft analog; attorney-general authority (disgorgement, investigative privilege): Each of these bills was reported favorably by the committee after brief presentations and either unanimous or unrecorded voice votes.

Discussion, clarification and next steps

Committee debate on S.99 was the meeting’s most extended discussion. Sponsors and supporters emphasized the supplemental proceeding that follows an underlying conviction — a designed delay supporters said reduces immediate inflammatory media coverage — and labeled the bill a mechanism for data collection and targeted prosecution where motive is established beyond a reasonable doubt. Opponents framed the bill as creating differential punishment for the same violent act and expressed concerns about the potential for prosecutorial discretion to expand the number of hearings and judicial workload.

The committee’s favorable reports send the cleared bills to the next stage in the legislative process (full Senate calendaring). Several measures (including the reckless-driving changes) were carried over for additional drafting or clarification.

Ending

Committee members said they expect some measures to return with technical or clarifying edits before a floor vote. The committee adjourned after completing the listed items and reporting most bills favorably.