08/30/07
Prosecutor Considers Using New Gang Law Against 5 Suspects

**See URL at bottom of page for details of SC's new gang law**

HILTON HEAD ISLAND, S.C. (AP) - A Beaufort County prosecutor is deciding whether five men who police say broke into at least two dozen cars near Bluffton become the first people prosecuted under the state's new gang law.

Sheriff PJ Tanner says the men called themselves a gang, so he wants to treat them like one.

Prosecutor Angela McCall-Tanner says she will decide after meeting with detectives next week if she wants to use the Criminal Gang Prevention Act signed into law in June.

The law allows the state grand jury to investigate the case. That panel has more powers, such as the authority to subpoena witnesses and evidence.

Deputies say the men broke into more than two dozens cars and used a heated coin to burn a skull and swords into their wrists.

http://www.wtoc.com/Global/story.asp?S=7006484

CRIMINAL GANG PREVENTION ACT:
http://www.scstatehouse.net/sess117_200 ... ls/141.htm


Be it enacted by the General Assembly of the State of South Carolina:

General Assembly's findings

SECTION 1. The General Assembly finds that:

(1) It is the right of every person, regardless of race, color, creed, religion, national origin, sex, age, sexual orientation, or handicap to be secure and protected from fear, intimidation, and physical harm caused by the activities of criminal gangs and criminal gang members. It is not the intent of this article to interfere with the exercise of the constitutionally protected rights of freedom of expression and association. The General Assembly recognizes the constitutional right of every citizen to harbor and express beliefs on any lawful subject, to lawfully associate with others who share similar beliefs, to petition lawfully constituted authority for a redress of perceived grievances, and to participate in the electoral process.

(2) The State of South Carolina is facing a mounting crisis caused by criminal gangs whose members threaten and terrorize peaceful citizens and commit a multitude of crimes. These criminal gang activities, both individually and collectively, present a clear and present danger. The State has a compelling interest in preventing criminal gang activity, and the General Assembly finds that the provisions of this act are necessary to maintain the public order and safety.

(3) It is the intent of the General Assembly to eradicate the terror created by criminal gangs by providing enhanced penalties and by eliminating the patterns, profits, proceeds, instrumentalities, and property facilitating criminal gang activity, including criminal gang recruitment.

State grand jury, criminal gang activity findings