South Carolina General Assembly
118th Session, 2009-2010

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A62, R114, H3761

STATUS INFORMATION

General Bill
Sponsors: Rep. Cooper
Document Path: l:\council\bills\ms\7294ahb09.docx

Introduced in the House on March 25, 2009
Introduced in the Senate on April 30, 2009
Passed by the General Assembly on May 21, 2009
Became law without Governor's signature, June 3, 2009

Summary: Drug proceeds

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   3/25/2009  House   Introduced and read first time HJ-10
   3/25/2009  House   Referred to Committee on Judiciary HJ-10
   4/22/2009  House   Committee report: Favorable Judiciary HJ-7
   4/28/2009  House   Read second time HJ-26
   4/29/2009  House   Read third time and sent to Senate HJ-21
   4/30/2009  Senate  Introduced and read first time SJ-16
   4/30/2009  Senate  Referred to Committee on Judiciary SJ-16
    5/5/2009  Senate  Referred to Subcommittee: Knotts (ch), Massey, Coleman
   5/14/2009  Senate  Committee report: Favorable with amendment Judiciary 
                        SJ-18
   5/19/2009  Senate  Committee Amendment Adopted SJ-27
   5/19/2009  Senate  Read second time SJ-27
   5/20/2009  Senate  Read third time and returned to House with amendments 
                        SJ-62
   5/21/2009  House   Concurred in Senate amendment and enrolled HJ-46
   5/21/2009  House   Roll call Yeas-104  Nays-0 HJ-46
   5/27/2009          Ratified R 114
    6/3/2009          Became law without Governor's signature
   6/11/2009          Effective date 06/03/09
   6/12/2009          Act No. 62

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

3/25/2009
4/22/2009
5/14/2009
5/19/2009


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

(A62, R114, H3761)

AN ACT TO AMEND SECTION 44-53-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE PROCEDURES RELATED TO DRUG PROCEEDS, SO AS TO ALLOW THE USE OF FORFEITED MONIES AND PROCEEDS FROM THE SALE OF PROPERTY FOR TRAINING AND EDUCATION BY LAW ENFORCEMENT IN ADDITION TO OTHER USES PREVIOUSLY DELINEATED.

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

Controlled substances, use of forfeited drug proceeds

SECTION    1.    Section 44-53-530(g) of the 1976 Code is amended to read:

"(g)    All 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, or for drug or other law enforcement training or education. 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 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, Title 30, the Freedom of Information Act."

Savings clause

SECTION    2.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

Time effective

SECTION    3.    This act takes effect upon approval by the Governor.

Ratified the 27th day of May, 2009.

Became law without the signature of the Governor -- 6/3/09.

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This web page was last updated on Wednesday, February 3, 2010 at 2:12 P.M.