South Carolina General Assembly
114th Session, 2001-2002

Scroll to History Page
Scroll to Previous Versions Links List
Scroll to Full Text
Download This Bill in Microsoft Word format

Bill 3077

Indicates Matter Stricken
Indicates New Matter

                    Current Status

Bill Number:                      3077
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20010109
Primary Sponsor:                  Kirsh
All Sponsors:                     Kirsh, Simrill, Stille, Clyburn
Drafted Document Number:          l:\council\bills\ggs\22707cm01.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          DUI or DUS, motor vehicle property 
                                  forfeiture hearing; Transportation Department, 
                                  Traffic violations


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20010109  Introduced, read first time,           25 HJ
                  referred to Committee
House   20001206  Prefiled, referred to Committee        25 HJ


              Versions of This Bill
View additional legislative information at the LPITS web site.

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 56-5-6240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORFEITURE, CONFISCATION, AND DISPOSITION OF VEHICLES SEIZED FROM PERSONS CONVICTED OF DRIVING WITH A SUSPENDED DRIVER'S LICENSE OR DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS, SO AS TO REQUIRE THE FORFEITURE HEARING TO BE COMPLETED WITHIN THREE MONTHS FROM THE DATE THE FORFEITURE ACTION IS COMMENCED.

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

SECTION    1.    Section 56-5-6240(B) of the 1976 Code, as last amended by Act 115 of 1999, is further amended to read:

    "(B) If a person fails to file an appeal within ten days after his conviction or plea of guilty or nolo contendere to the offenses in subsection (A), the sheriff or chief of police shall initiate an action in the circuit court of the county in which the vehicle was confiscated to accomplish forfeiture by giving notice pursuant to subsection (C) to registered owners, lienholders of record, and other persons claiming an interest in the vehicle subject to forfeiture and by giving these persons an opportunity to appear at a hearing and show why the vehicle should not be forfeited and disposed of as provided in subsection (C). The failure of the lienholder to appear at the hearing does not in any way alter or affect the claim of a lienholder of record. Forfeiture of a vehicle is subordinate in priority to all valid liens and encumbrances. The court, after hearing, shall order that the vehicle be forfeited to the sheriff or chief of police and sold in the manner provided in subsection (C), or returned to the registered owner. This hearing must be completed and the order must be issued within three months from the date the action is commenced. The court shall order a vehicle returned to the registered owner if it is shown by a preponderance of the evidence that (1) the use of the vehicle on the occasion of arrest was not expressly or impliedly authorized, or (2) the registered owner did not know that the driver did not possess a valid driver's license. Otherwise, the court shall order the vehicle forfeited and disposed of in the manner provided in subsection (C)."

SECTION    2.    This act takes effect upon approval by the Governor.

----XX----


This web page was last updated on Tuesday, December 8, 2009 at 4:14 P.M.