H 3264 Session 111 (1995-1996)
H 3264 General Bill, By Anderson
A Bill 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 operated
substance abuse facilities.
01/17/95 House Introduced and read first time HJ-7
01/17/95 House Referred to Committee on Judiciary HJ-7
A BILL
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.
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, is further amended to read:
"(e) All 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 twenty-five 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 the forfeiture of property defined in Section 44-53-520
if applicable;
(3) twenty-five percent to law enforcement agency or
agencies to be used to establish and operate community-based
substance abuse facilities;
(2)(4) twenty percent to the prosecuting
agency; and
(3)(5) five percent the
remainder must be remitted to the State Treasurer and
deposited to the credit of the general fund of the State.
(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 and substance abuse 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 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.
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