Measure would add local charge tied to underlying crimes
By Delayna Earley
The Island News
Beaufort County Council has advanced a proposed hate intimidation ordinance, moving forward with a measure that would create a new local charge tied to existing crimes.
The proposal passed on first reading Monday night following a split vote, with one council member voting against it and another abstaining.
If ultimately adopted, the ordinance would allow an additional charge when a crime is committed against someone based on bias or intimidation, creating a separate offense with its own penalties.
Under the proposal, that charge could carry up to 30 days in jail, a $500 fine, or both, but only if it is connected to an underlying state or local offense. County staff emphasized that the ordinance would not stand on its own.
“It does in fact require a state crime or an ordinance offense before it can be charged itself,” staff explained during the meeting.
The measure is modeled in part after similar ordinances adopted in other parts of South Carolina, though Beaufort County’s version includes language intended to give law enforcement flexibility.
One of the key decisions made during earlier discussions was to use the word “may” rather than “shall,” allowing officers discretion in whether to apply the additional charge.
Council members said that distinction was deliberate, particularly in cases where circumstances may not clearly warrant the added charge.
At the same time, the proposal comes with legal considerations.
Staff noted that the South Carolina Attorney General’s Office has issued cautionary opinions regarding local hate crime ordinances. As a result, county staff did not make a formal recommendation on whether council should adopt the measure.
Instead, a separate resolution later in the meeting encouraged the state legislature to take up a comprehensive hate crime law at the state level.
Despite those concerns, a majority of council members voted to move the ordinance forward, signaling interest in establishing a local mechanism to address bias-motivated conduct.
The proposal will now move to second reading, where council will revisit the language and continue debate before any final vote.
For now, the ordinance remains a work in progress, reflecting both a desire to act locally and the limits of doing so without broader state law in place.
Delayna Earley, joined The Island News in 2022, formerly worked as a photojournalist for The Island Packet/The Beaufort Gazette, as well as newspapers in Indiana and Virginia. She can be reached at delayna.theislandnews@gmail.com.