Current Status Bill Number:290 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970130 Primary Sponsor:Anderson All Sponsors:Anderson Drafted Document Number:egm\18553djc.97 Companion Bill Number:3464 Residing Body:House Current Committee:Judiciary Committee 25 HJ Date of Last Amendment:19980129 Subject:Property seized in drug transactions, sale of forfeited property, substance abuse facilities, Alcohol, Narcotics, Drugs
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19980204 Introduced, read first time, 25 HJ
referred to Committee
Senate 19980203 Read third time, sent to House
Senate 19980129 Read second time, ordered to
third reading with notice of
general amendments
Senate 19980129 Committee amendment adopted
Senate 19970430 Committee report: Favorable with 11 SJ
amendment
Senate 19970130 Introduced, read first time, 11 SJ
referred to Committee
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Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
January 29, 1998
S. 290
S. Printed 1/29/98--S.
Read the first time January 30, 1997.
TO AMEND SECTION 44-53-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORFEITURE PROCEDURES, THE DISPOSITION OF FORFEITED ITEMS, AND THE DISPOSITION OF PROCEEDS OF SALES OF REAL OR PERSONAL PROPERTY CONFISCATED PURSUANT TO THE SEIZURE OF CONTROLLED SUBSTANCES, SO AS TO MODIFY THE DISTRIBUTION OF PROCEEDS FROM THE SALE OF PROPERTY FORFEITED, TO PROVIDE FOR THE COMPENSATION OF PERSONS PROVIDING INFORMATION LEADING TO THE FORFEITURE OF PROPERTY, AND TO PROVIDE FUNDS TO ESTABLISH AND OPERATE SUBSTANCE ABUSE FACILITIES.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-53-530(e) and (g) of the 1976 Code, as last amended by Act 333 of 1992, are further amended to read:
"(e) All real Real or personal property, conveyances, and equipment of any value defined in Section 44-53-520, when reduced to proceeds, any cash more than one thousand dollars, any negotiable instruments, and any securities which are seized and forfeited must be disposed of as follows:
(1) seventy-five fifty percent to the law enforcement agency or agencies;
(2) twenty-five percent to the law enforcement agency or agencies to be given to private citizens who provide information that leads to an arrest and the forfeiture of property as defined in Section 44-53-520. A private citizen who has information regarding the possession, distribution, or trafficking of controlled substances may call his local law enforcement agency and need only identify himself by his social security number;
(2)(3) twenty percent to the prosecuting agency; and
(3)(4) five percent must be remitted to the remainder must be placed on deposit with the State Treasurer and deposited to the credit of the general fund of the State.
(g) All forfeited Forfeited monies and proceeds from the sale of forfeited property as defined in Section 44-53-520 must be retained by the governing body of the local law enforcement agency or prosecution agency and deposited in a separate, special account in the name of each appropriate agency. These accounts may be drawn on and used only by the law enforcement agency or prosecution agency for which the account was established. For law enforcement agencies, the accounts must be used for drug enforcement activities, and for prosecution agencies, the accounts must be used in matters relating to the prosecution of drug offenses and litigation of drug-related matters.
These accounts must not be used to supplant operating funds in the current or future budgets. Expenditures from these accounts for an item that would be a recurring expense must be approved by the governing body before purchase or, in the case of a state law enforcement agency or prosecution agency, approved as provided by law.
In the case of a state law enforcement agency or state prosecution agency, monies, and proceeds must be remitted to placed on deposit with the State Treasurer who shall establish separate, special accounts as provided in this section for local agencies.
All expenditures from these accounts must be documented, and the documentation made available for audit purposes and upon request by a person under the provisions of Chapter 4 of Title 30, the Freedom of Information Act."
SECTION 2. This act takes effect upon approval by the Governor.