SC H3039

Creates the "Senator Clementa C. Pinckney Hate Crimes Act" establishing penalty enhancements for hate-motivated crimes in South Carolina

Applies to violent crimes and second-degree assault by mob when the victim was intentionally selected based on race, color, religion, sex, gender, national origin, sexual orientation, or physical or mental disability

Adds penalties of up to $10,000 in additional fines and up to 5 years of additional imprisonment for qualifying offenses

Requires the hate crime enhancement to be separately indicted and proven beyond a reasonable doubt to the trier of fact

Allows both prosecution and defense to present evidence regarding whether the defendant intentionally selected the victim based on protected characteristics, regardless of whether the defendant's perception was correct