COLUMBIA, S.C. — South Carolina law enforcement officials and prosecutors are urging state legislators to equip them with more robust tools to effectively combat drug trafficking, sex trafficking, and retail theft rings. Proposed legislation currently under consideration at the State House seeks to impose stricter penalties that could lead to long prison sentences for the orchestrators of these criminal activities.
Senators Greg Hembree of Horry and Tom Young of Aiken have introduced bills that would introduce an anti-racketeering, or RICO, statute to the state’s legislation, aligning with measures that many other states have adopted. Such a statute is expected to provide prosecutors with the necessary legal framework to address organized crime more effectively.
During a recent Senate Judiciary subcommittee meeting, prosecutors expressed a pressing need for such tools to adequately tackle gang-related violence. “We have the resources. We have the crime. We have the issues. We don’t have the tools,” stated 14th Circuit Solicitor Duffie Stone, emphasizing the gap in the current legal system.
Stone criticized the existing gang statutes for their insufficient penalties and underutilization, noting, “What we have as a gang statute currently provides merely five-year penalties for enticing or preventing someone from leaving a gang, a measure scarcely used since its enactment.”
The proposed bills would modify the definition of what constitutes a gang and expand the scope of recognized criminal gang activity. Proponents of the legislation argue that South Carolina’s current laws do not suffice in prosecuting criminal street gangs, which has purportedly made the state an attractive base for gangs from neighboring Georgia and North Carolina.
The RICO statute would allow prosecutors to target sophisticated criminal enterprises more comprehensively and enable them to try entire gangs in court collectively rather than pursuing individual members sequentially. According to proponents, this method could prevent gangs from swiftly replacing prosecuted members, thus dismantling the criminal organizations more effectively.
“If you think in terms of crime, and you think in terms of what we’re dealing with, if there is an organizational component to it, this allows us to get to it,” Stone added, highlighting the strategic advantage of the proposed legislation.
South Carolina’s Attorney General Alan Wilson expressed that these racketeering provisions are not only crucial for tackling the visible violent activities but are also essential for disrupting the white-collar, business elements of gang operations that currently exploit legal loopholes.
Furthermore, the legislation includes additional penalties for adults who recruit minors into gangs, addressing concerns from law enforcement about the increasing involvement of younger individuals in gang activities. Sgt. of the Lexington County Sheriff’s Department shared insights with senators on this troubling trend, stressing the need for enhanced legal measures.
The legislative proposal has successfully passed its primary hurdle by advancing out of a Senate Judiciary subcommittee. It now faces several more votes before potentially reaching the governor’s desk for approval.
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