Current Status Bill Number:67 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970114 Primary Sponsor:Wilson All Sponsors:Wilson Drafted Document Number:council\legis\bills\jic\5200sd. 97 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:General sessions court, unpaid criminal fine constitutes lien against person, courts, property
Body Date Action Description Com Leg Involved
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Senate 19970114 Introduced, read first time, 11 SJ
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-1-45 SO AS TO PROVIDE THAT ANY CRIMINAL FINE IMPOSED BY A COURT OF GENERAL SESSIONS OF THIS STATE WHICH REMAINS UNPAID FOR A PERIOD OF AT LEAST THIRTY DAYS CONSTITUTES A LIEN AGAINST THE PERSON AGAINST WHOM THE FINE WAS IMPOSED, TO PROVIDE THAT THIS LIEN HAS THE SAME FORCE AND EFFECT AS A JUDGMENT WHICH MAY BE RECORDED IN ANY COUNTY IN WHICH ANY PERSON RESIDES OR OWNS REAL PROPERTY, AND TO PROVIDE THAT A LIEN IMPOSED BY THIS SECTION IS NOT DISCHARGEABLE IN BANKRUPTCY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 17-1-45. (A) Any criminal fine imposed by a court of general sessions of this State which remains unpaid for a period of at least thirty days constitutes a lien against the person against whom the fine was imposed. The amount of the unpaid fine shall be recorded by the Clerk of Court in an appropriate index in the office of the Clerk of Court or Register of Mesne Conveyances of the county where the fine was imposed. Upon recordation the unpaid fine has the same force and effect as a judgment, and it is cumulative to the extent of any and all past due criminal fines until the fines are paid in full. The judgment may be recorded in any county in which that person resides or in which he owns real property by the filing of a transcript of judgment in that county. A lien imposed pursuant to this section is not dischargeable in bankruptcy.
(B) The presiding judge of the court of general sessions imposing the criminal fine by order may provide for a period of time longer than thirty days before the fine if unpaid constitutes a lien against the person against whom the fine is imposed. Additionally, upon petition of that person after notice to all parties including the solicitor of the judicial circuit involved, the court after hearing may grant such relief from the fine, lien, and judgment as it considers appropriate."
SECTION 2. This act takes effect upon approval by the Governor.