H*3283 Session 103 (1979-1980)
H*3283(Rat #0547, Act #0462 of 1980) General Bill, By B. Campbell, W.R. Crow,
M.S. Gulledge, C.E. Hodges, J.R. Klapman, T.M. Marchant, J.G. McAbee,
D.F. McInnis, J.B. Meyers, R. Schwartz, Sheheen and J.H. Toal
A Bill to amend Section 44-53-530, Code of Laws of South Carolina, 1976, as
amended, relating to forfeiture and disposition of conveyances used to
transport illegal drugs, so as to provide that such forfeiture may be
accomplished by petition of the Solicitor of the Circuit in which the seizure
was made and to provide that the Circuit Solicitor may also dispose of the
conveyances in the same manner as the Attorney General; and to amend Section
1-7-140, relating to reports of the Attorney General to the General Assembly,
so as to provide that such reports will include reporting of the disposition
of warrants; and to amend Section 1-7-330, relating to solicitors, so as to
provide that solicitors shall have exclusive control of the dockets of the
Court of General Sessions.-at
01/09/80 House Introduced and read first time HJ-64
01/09/80 House Referred to Committee on Judiciary HJ-64
02/20/80 House Committee report: Favorable with amendment
Judiciary HJ-1008
02/21/80 House Amended HJ-1075
02/21/80 House Read second time HJ-1075
02/26/80 House Read third time and sent to Senate HJ-1116
02/26/80 Senate Introduced and read first time SJ-19
02/26/80 Senate Referred to Committee on Judiciary SJ-19
05/14/80 Senate Committee report: Favorable with amendment
Judiciary SJ-11
05/21/80 Senate Amended SJ-18
05/21/80 Senate Read second time SJ-18
05/21/80 Senate Ordered to third reading with notice of
amendments SJ-18
05/28/80 Senate Amended SJ-20
05/28/80 Senate READ THIRD TIME SJ-24
05/28/80 Senate Returned SJ-24
05/29/80 House Concurred in Senate amendment and enrolled HJ-3360
05/29/80 House Ratified R 547 HJ-3394
06/04/80 Signed By Governor
06/04/80 Effective date 06/04/80
06/04/80 Act No. 462
06/17/80 Copies available
(A462, R547, H3283)
AN ACT TO AMEND SECTION 44-63-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS
AMENDED, RELATING TO FORFEITURE AND DISPOSITION OF CONVEYANCES USED TO
TRANSPORT ILLEGAL DRUGS, SO AS TO PROVIDE THAT SUCH FORFEITURE MAY BE
ACCOMPLISHED BY PETITION OF THE SOLICITOR OF THE CIRCUIT IN WHICH THE SEIZURE
WAS MADE AND TO PROVIDE THAT THE CIRCUIT SOLICITOR MAY ALSO DISPOSE OF THE
CONVEYANCES IN THE SAME MANNER AS THE ATTORNEY GENERAL; AND TO AMEND SECTION
1-7-140, RELATING TO REPORTS OF THE ATTORNEY GENERAL TO THE GENERAL ASSEMBLY,
SO AS TO PROVIDE THAT SUCH REPORTS WILL INCLUDE REPORTING OF THE DISPOSITION
OF WARRANTS; AND TO AMEND SECTION 1-7-330, RELATING TO SOLICITORS, SO AS TO
PROVIDE THAT SOLICITORS SHALL HAVE EXCLUSIVE CONTROL OF THE DOCKETS OF THE
COURT OF GENERAL SESSIONS.
Be it enacted by the General Assembly of the State of South Carolina:
Forfeiture of conveyances
Section 1. Subsections (2) and (3) of Section 44-53-530 of the 1976 Code, as
last amended by Act 185 of 1979, are further amended to read:
"(2) Forfeiture of such conveyances shall be accomplished by petition
of the Attorney General or his designee in the case of water vessels and
aircraft, and by petition of the Attorney General or his designee or the
circuit solicitor or his designee in the case of any other conveyance to the
circuit court setting forth the facts upon which the seizure was made, along
with,the make, model and year of the conveyance, the person in whose name the
conveyance is registered, the person who holds the title thereto, and the type
and quantity of the controlled substance found in the forfeited conveyance.
After hearing, upon due notice to the registered owner and any lienholder of
record with the Department of Highways and Public Transportation in the case
of a motor vehicle, or lienholder of record with the applicable governmental
agency in the case of any other conveyance, the court shall determine whether
or not the conveyance is subject to forfeiture under the provisions of this
section, with due consideration to the interest of any of the following
innocent parties: owner, parent, legal guardian or lienholder, including a
finding as to whether or not a lawful arrest, search and seizure were made for
an offense which involves the conveyance seized. If the judge shall find the
conveyance to be subject to forfeiture, he shall issue an order declaring such
conveyance to be forfeited to the State and ordering transfer of title to such
conveyance to the agency designated by the Attorney General or the circuit
solicitor. Provided, that the procedure for forfeiture provided by this
subsection shall be authorized only in the circuits in which the arrest was
made or the vehicle seized.
(3) Whenever property is forfeited under the provisions of this section, the
Attorney General or the circuit solicitor effecting the forfeiture may in his
discretion:
(a) As to property other than water vessels and aircraft, provide for the
transfer of title to such property to the law enforcement agency making the
seizure. Any such law enforcement agency is authorized to own and use such
forfeited conveyance for law enforcement and to transfer title of the
conveyance to any other law enforcement agency for use in law enforcement. Any
forfeited conveyance so used for law enforcement may be subsequently sold by
the law enforcement agency holding title, the sale to be conducted through the
South Carolina Division of General Services and the net proceeds of any such
sale to be transmitted to and divided equally between the State and the unit
of government of the agency making the seizure.
(b) As to water vessels and aircraft, provide for the transfer of title
to such conveyance to the law enforcement agency making the seizure or to the
South Carolina Aeronautics Commission in the case of forfeited aircraft, or to
the South Carolina Wildlife and Marine Resources Department in the case of
forfeited water vessels. Any transferee agency holding title to water vessels
and aircraft seized and forfeited under the provisions of this section is
authorized to own and use such conveyances for law enforcement or other lawful
agency use. Any forfeited water vessel or aircraft may be subsequently sold by
the agency holding title, the sale to be conducted through the South Carolina
Division of General Services and the net proceeds of sale being remitted to
the State Treasurer to be placed in the general fund.
(c) Require that the Division of General Services take custody of and sell
the property, the net proceeds from any such sale to be remitted to the State
Treasurer to be placed in the general fund.
For the purpose of this section, whenever the seizure of property is
accomplished as a result of a joint effort by more than one law enforcement
agency, the law enforcement agency initiating the investigation shall be
deemed to be the agency making the seizure."
Attorney General to make annual report
Section 2. Section 1-7-140 of the 1976 Code is amended to read:
"Section 1-7-140. The Attorney General shall annually make a report to
the General Assembly of:
(1) the cases argued, tried or conducted by him in the Supreme Court and
circuit courts during the preceding year,
(2) warrants issued in the courts of the State and the status and
disposition of those warrants, and
(3) such other information in relation to the criminal laws and such
observations and statements as, in his opinion, the proper and efficient
administration of the criminal law requires; provided, however, that
preparation of the criminal docket report, and development and implementation
of a warrant tracking system shall reside exclusively with the Attorney
General and no funds shall be appropriated to or expended by any other agency
of state government which would in any way duplicate such reporting and
tracking; provided, further, that all courts, and other appropriate agencies
shall furnish to the Attorney General, in such form and manner as he may
require, information to aid in the preparation of the criminal docket report
and the warrant tracking system."
Preparation of documents exclusively vested in solicitor
Section 3. Section 1-7-330 of the 1976 Code is amended to read:
"Section 1-7-330. The solicitors shall attend the courts of general
sessions for their respective circuits. Preparation of the dockets for general
sessions courts shall be exclusively vested in the circuit solicitor and the
solicitor shall determine the order in which cases on the docket are called
for trial. Provided, however, that no later than seven days prior to the
beginning of each term of general sessions court, the solicitor in each
circuit shall prepare and publish a docket setting forth the cases to be
called for trial during the term."
Time effective
Section 4. This act shall take effect upon approval by the Governor. |