H 3037 Session 112 (1997-1998)
H 3037 General Bill, By Kirsh and Meacham
Similar(S 682, H 3493)
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.
12/11/96 House Prefiled
12/11/96 House Referred to Committee on Judiciary
01/14/97 House Introduced and read first time HJ-26
01/14/97 House Referred to Committee on Judiciary HJ-26
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 465 of 1992, is further amended to read:
"(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. 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 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."
SECTION 2. This act takes effect upon approval by the Governor.
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