SC Chamber calls on state lawmakers to pass hate crime law as legislature returns
As the full General Assembly convenes this week to kick off its 2021 session, the South Carolina Chamber of Commerce is pushing for the state to join 47 other states in the country that have a hate crimes law on the books.
Ahead of the 2021 legislative session, the Chamber of Commerce rolled out the agenda it will push to lawmakers, which includes calls for liability protection for businesses that take appropriate precautions to prevent the spread of the coronavirus, workforce development and job retraining initiatives, improvements in teacher recruitment, and expanding rural broadband, among other things.
But the renewed push for hate crimes legislation comes after a year when the country saw nationwide protests over racial injustice following the death of George Floyd while in custody of Minneapolis Police and the murder of Ahmaud Arbery in Georgia.
“The events of last year have shown us that diversity and inclusion make our communities, businesses and countries stronger,” said Tim Arnold, board chairman of the S.C. Chamber of Commerce. “We believe we need to show the country that South Carolina values diversity and inclusion and will not be the last state to pass a hate crimes law in the country.”
South Carolina is one of three states in the country without any enhancements for crimes committed for reasons of hate due to reasons such as a person’s religion, race or sexuality.
South Carolina prosecutors can charge someone for a crime committed because of hate, but they cannot add enhanced penalties. Currently, state prosecutors have to rely on their federal counterparts to prosecute those cases under federal hate crime laws. Several lawmakers have pre-filed legislation to give state prosecutors the ability to file hate crimes charges.
GOP lawmakers have been against passing hate crimes legislation in the state saying that federal hate crime laws are sufficient. But advocates of a state hate crimes law say that the federal statute only covers crimes that rise in severity as to attract federal prosecution, leaving some offenses without the enhanced penalties.
Among the pieces of legislation proposed is one by state Sen. Greg Hembree, an Horry County Republican.
However the Republican caucus in the state Senate has yet to discuss the matter.
“We’ll talk about that later. The reason I hesitate is I really want to see what it looks like and what the proposal is,” said Senate Majority Leader Shane Massey. “Generally speaking, I’m not a fan of hate crimes laws, because I think they’re mostly feel good and don’t address any real problems and they’re probably going to get some high school kids caught up in some things for saying stupid stuff that they shouldn’t have said. But I don’t know if it’s worthy of criminal punishment.”
But the Chamber of Commerce is confident legislators on both sides of the aisle will back the measure.
“The hate crimes bill has been debated and introduced for well over a decade in the legislature and this is the first time I think that we’ve finally gotten a clear indication that it could pass at least in the House for sure,” said Swati Patel, the interim CEO of the SC Chamber. “I do think that’s a bipartisan issue. I don’t think it’s just a Democratic or a Republican issue, it’s certainly bipartisan. In the Senate, I think we’re gonna see support as well.”
The Chamber of Commerce argues hate crimes legislation would help with economic development but did not say whether not having a hate crimes law on the books kept businesses from locating in the state.
Last year 80 companies signed onto a letter calling for the General Assembly to pass hate crimes legislation.
Patel said pushes from business leaders in Georgia helped lead to passage of hate crimes legislation in the Peach State in the wake of the death of jogger Ahmaud Arbery.
“They were the ones really that helped get this across the finish line there,” Patel said. “We know that businesses care about this issue, and we do think that it does impact our competitiveness. It impacts the way that companies look at South Carolina, and valuing diversity and inclusion I think is important for companies and they’re going to factor that in to their decision.”
Arnold argued passing a hate crimes law would help with tourism, a major part of South Carolina’s economy, which took a hit during the COVID-19 pandemic.
“If you’re a member of an underrepresented group and you’re thinking about where you want to spend your vacation dollars, would you want to go to a state that’s known to be one of only three that does not have hate crimes legislation?” Arnold said. “Would that be a potential deterrent for you as you’re considering your plans?”
Reporter Maayan Schechter contributed to this article.
This story was originally published January 12, 2021 at 10:12 AM.