South Carolina Senate Bill S0085

South Carolina 2025-2026 Regular Session

• Introduced: 1/14/25
• Refer: 1/14/25

Caption

Street Gang and Criminal Enterprise Prevention

Impact

With S0085, the South Carolina General Assembly acknowledges that existing laws are inadequate in handling the risks posed by criminal enterprises. The bill aims to strengthen the evidence-gathering processes and increase penalties associated with criminal activities linked to these enterprises. This legislation will enable law enforcement agencies to more efficiently combat organized crime by allowing a greater range of prosecutorial tools, thereby promoting public safety and order. Furthermore, it provides the state with certain civil remedies to pursue damages caused by criminal enterprise activities, thereby seeking to alleviate the financial burden on communities affected by such behaviors.

Summary

S0085, titled the 'South Carolina Criminal Enterprise and Racketeering Suppression Act', seeks to address the growing issue of criminal enterprise activities in the state by establishing stronger legal frameworks aimed at combating such crimes. It amends the existing Criminal Gang Prevention Act, redefining terms and restructuring associated offenses and penalties. The bill initiates a new article pertaining to anti-racketeering provisions, which explicitly outlines various offenses related to racketeering and sets forth strict penalties for violations. Through these measures, the legislation aims to enhance the ability of law enforcement to combat organized crime effectively.

Contention

Discussion surrounding S0085 indicates potential contention in its application, especially regarding concerns over civil liberties. Opponents of the bill might argue that the expanding definitions associated with criminal enterprises and racketeering could lead to overreach or misuse, impacting citizens’ rights to due process. Moreover, critics have expressed worries that the bill may facilitate harsher law enforcement practices that disproportionately affect certain communities. Balancing the need for effective crime prevention with the protection of individual rights will remain a critical point of debate as the bill progresses through the legislative process.