H 4090 Session 109 (1991-1992)
H 4090 General Bill, By Martin, M.O. Alexander, J.J. Bailey, J.M. Baxley,
D.M. Bruce, Cato, K.S. Corbett, Harrison, B.L. Hendricks, M.F. Jaskwhich,
J.C. Johnson, Keegan, K.G. Kempe, C.V. Marchbanks, J.G. Mattos, Neilson, Quinn,
J.R. Shirley, Vaughn and C.C. Wells
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 provide for such forfeiture upon a second or subsequent, rather than a
fourth or subsequent, violation of DUS (Driving Under Suspension) and upon a
second or subsequent, rather than a fourth or subsequent, violation of DUI
(Driving Under the Influence), and to provide for such forfeiture upon a
second or subsequent violation within the last ten years of knowingly
operating an uninsured motor vehicle subject to registration in this State or
knowingly allowing the operation of an uninsured motor vehicle subject to
registration in this State.
01/14/92 House Introduced and read first time HJ-178
01/14/92 House Referred to Committee on Judiciary HJ-178
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
PROVIDE FOR SUCH FORFEITURE UPON A SECOND OR
SUBSEQUENT, RATHER THAN A FOURTH OR SUBSEQUENT,
VIOLATION OF DUS (DRIVING UNDER SUSPENSION) AND
UPON A SECOND OR SUBSEQUENT, RATHER THAN A FOURTH
OR SUBSEQUENT, VIOLATION OF DUI (DRIVING UNDER THE
INFLUENCE), AND TO PROVIDE FOR SUCH FORFEITURE UPON
A SECOND OR SUBSEQUENT VIOLATION WITHIN THE LAST
TEN YEARS OF KNOWINGLY OPERATING AN UNINSURED
MOTOR VEHICLE SUBJECT TO REGISTRATION IN THIS STATE
OR KNOWINGLY ALLOWING THE OPERATION OF AN
UNINSURED MOTOR VEHICLE SUBJECT TO REGISTRATION IN
THIS STATE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-5-6240(A) of the 1976 Code is amended to
read:
"(A) In addition to the penalties for persons convicted of a
fourth second or subsequent violation within the last ten
years of operating a motor vehicle while his license is canceled,
suspended, or revoked (DUS), or a fourth second or
subsequent violation within the last ten years of operating a motor
vehicle while under the influence of intoxicating liquor or drugs (DUI),
or a second or subsequent violation within the last ten years of
knowingly operating an uninsured motor vehicle subject to registration
in this State or knowingly allowing the operation of an uninsured motor
vehicle subject to registration in this State, 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 head of his law enforcement agency
or his authorized agent who shall notify the clerk of court within
forty-eight hours of the confiscation. However, the clerk of court shall
issue a Rule to Show Cause immediately upon notification of the
confiscation which must be returnable before the presiding judge of the
judicial circuit or his designated hearing officer within ten days from the
date of issuance of the Rule to Show Cause and 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 law enforcement agency confiscating the vehicle shall provide
notice by certified mail of the confiscation to all lienholders of record
within ten days of the confiscation."
SECTION 2. This act takes effect upon approval by the Governor.
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