This is an anti-racketeering bill whose sponsor claims it will help police crack down on gang activity including "retail theft operations." The bill defines a “criminal gang” as any group of three or more people who engage in a broad range of activities including graffiti vandalism, and it establishes that similar tattoos or clothing can be evidence of gang affiliation. 

A similar bill in the previous session, S. 154, had support from prominent law enforcement officials including the head of the S.C. Law Enforcement Division, but it did not pass.

We oppose this bill because: An overly broad definition of gang activity enables overpolicing, racial profiling, and violations of South Carolinians’ First Amendment right to associate. As a member of our Advocacy team said in a hearing about a similar bill last year, a group of three or more USC fans – or Clemson fans for that matter – could be classified as a gang in certain circumstances under this bill. 

Sponsors

Rep. Bustos

Status

Active

Session

126th General Assembly (2025-2026)

Bill number

Position

Oppose