H*4311 Session 109 (1991-1992)
H*4311(Rat #0566, Act #0465 of 1992) General Bill, By H.H. Clyborne,
M.O. Alexander, J.J. Bailey, J.M. Baxley, H. Brown, A.W. Byrd, Cato,
C.D. Chamblee, J.D. Cole, Delleney, Fair, H.M. Hallman, J.P. Harrelson,
Harrison, B.H. Harwell, Haskins, D.N. Holt, Inabinett, Koon, Littlejohn, Martin,
A.C. McGinnis, Neilson, Phillips, Quinn, J. Rama, Meacham, Riser, I.K. Rudnick,
J.S. Shissias, R. Smith, C.H. Stone, C.L. Sturkie, Townsend, J.W. Tucker,
Vaughn, C.Y. Waites, D.C. Waldrop, C.C. Wells, J.B. Wilder, Wilkes, D. Williams,
D.A. Wright and Young-Brickell
A Bill to amend Section 56-5-6240, Code of Laws of South Carolina, 1976,
relating to forfeiture, confiscation, and sale of certain motor vehicles so as
to permit the arresting officer to release the motor vehicle to the sheriff or
chief of police of the jurisdiction where the motor vehicle was seized instead
of the head of the officer's law enforcement agency, and to provide for notice
of forfeiture and sale of the vehicle.-amended title
01/30/92 House Introduced and read first time HJ-3
01/30/92 House Referred to Committee on Judiciary HJ-3
04/15/92 House Committee report: Favorable with amendment
Judiciary HJ-14
05/05/92 House Debate interrupted HJ-37
05/06/92 House Amended HJ-10
05/06/92 House Debate adjourned until Thursday, May 7, 1992 HJ-11
05/07/92 House Read second time HJ-69
05/12/92 House Read third time and sent to Senate HJ-20
05/13/92 Senate Introduced and read first time SJ-7
05/13/92 Senate Referred to Committee on Judiciary SJ-7
05/27/92 Senate Polled out of committee Judiciary SJ-22
05/27/92 Senate Favorable SJ-23
06/02/92 Senate Read second time SJ-61
06/03/92 Senate Read third time and enrolled SJ-41
06/04/92 Ratified R 566
06/15/92 Signed By Governor
06/15/92 Effective date 06/15/92
06/15/92 Act No. 465
06/26/92 Copies available
(A465, R566, H4311)
AN ACT TO AMEND SECTION 56-5-6240, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE,
CONFISCATION, AND SALE OF CERTAIN MOTOR
VEHICLES SO AS TO PERMIT THE ARRESTING OFFICER
TO RELEASE THE MOTOR VEHICLE TO THE SHERIFF OR
CHIEF OF POLICE OF THE JURISDICTION WHERE THE
MOTOR VEHICLE WAS SEIZED INSTEAD OF THE HEAD
OF THE OFFICER'S LAW ENFORCEMENT AGENCY, AND
TO PROVIDE FOR NOTICE OF FORFEITURE AND SALE OF
THE VEHICLE.
Be it enacted by the General Assembly of the State of South
Carolina:
Confiscation and forfeiture of motor vehicle
SECTION 1. Section 56-5-6240 of the 1976 Code is amended to
read:
"Section 56-5-6240. (A) In addition to the penalties for
persons convicted of a fourth or subsequent violation within the
last five years of operating a motor vehicle while his license is
canceled, suspended, or revoked (DUS), or a fourth or subsequent
violation within the last ten years of operating a motor vehicle
while under the influence of intoxicating liquor or drugs (DUI),
the persons must have the motor vehicle they drove during this
offense forfeited if the offender is the owner of record, or a
resident of the household of the owner of record under the terms
and conditions as provided in subsections (B) and (C) and must be
confiscated by the arresting officer or other law enforcement
officer of that agency at the time of arrest, which officer shall
deliver it immediately to the sheriff or chief of police of the
jurisdiction where the motor vehicle was seized or his authorized
agent who by certified mail shall notify the registered owner of
the confiscation within seventy-two hours. Upon notification of
the confiscation, the registered owner has ten days to request a
hearing before the presiding judge of the judicial circuit or his
designated hearing officer within ten days from the date of receipt
of the request. The vehicle must be returned to the owner of
record if he can show by a preponderance of the evidence that (1)
the use of the vehicle was not either expressly or impliedly
authorized, or (2) the owner of record did not know that the driver
had no valid license. Forfeiture of a vehicle is subordinate in
priority to all valid liens.
The sheriff or chief of police in possession of the vehicle shall
provide notice by certified mail of the confiscation to all
lienholders of record within ten days of the confiscation.
(B) Upon the conviction of the person driving the vehicle, or
upon his plea of guilty or nolo contendere to these offenses, the
sheriff or chief of police shall initiate an action in the circuit court
of the county in which the vehicle was seized to accomplish
forfeiture by giving notice to owners of record, lienholders of
record, and other persons claiming an interest in the vehicle
subject to forfeiture and by giving these persons an opportunity to
appear and show why the vehicle should not be forfeited and
disposed of as provided for by this section. Failure of a person
claiming an interest in the vehicle to appear at the above
proceeding after having been given notice constitutes a waiver of
the claim; however, the failure to appear does not in any way alter
or affect the claim of a lienholder of record. 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 this section, or
returned to the owner of record. The court shall order a vehicle
returned to the owner of record if it is shown by a preponderance
of the evidence that: (1) the use of the vehicle on the occasion of
arrest was not either expressly or impliedly authorized, or (2) the
owner of record did not know that the driver had no valid driver's
license. Otherwise, the court shall order the vehicle forfeited.
Forfeiture of a vehicle is subordinate in priority to all valid liens
and encumbrances.
(C) If the person fails to file an appeal within ten days after
the conviction, the forfeited vehicle is considered abandoned and
must be disposed of as provided by Section 56-5-5640. However,
if the fair market value of the vehicle is less than five hundred
dollars, it must be sold as scrap to the highest bidder after first
receiving at least two bids."
Time effective
SECTION 2. This act takes effect upon approval by the
Governor.
Approved the 15th day of June, 1992. |