S*96 Session 111 (1995-1996)
S*0096(Rat #0095, Act #0056 of 1995) General Bill, By McConnell, Courson,
Giese, M.T. Rose and Wilson
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
16-13-175 so as to provide that a motor vehicle used and owned by a person in
the theft of property may be confiscated under certain circumstances, and
provide the confiscation and forfeiture procedure; and to direct the
Department of Transportation to provide appropriate traffic control and access
around the Capitol Complex during the State House renovation project.-amended
title
10/03/94 Senate Prefiled
10/03/94 Senate Referred to Committee on Judiciary
01/10/95 Senate Introduced and read first time SJ-37
01/10/95 Senate Referred to Committee on Judiciary SJ-37
03/22/95 Senate Committee report: Favorable with amendment
Judiciary SJ-7
03/23/95 Senate Amended SJ-26
03/23/95 Senate Read second time SJ-27
03/28/95 Senate Read third time and sent to House SJ-17
03/29/95 House Introduced and read first time HJ-15
03/29/95 House Referred to Committee on Judiciary HJ-15
05/18/95 House Committee report: Favorable with amendment
Judiciary HJ-40
05/24/95 House Objection by Rep. Scott, Inabinett, Hines,
Witherspoon, Moody-Lawrence & Knotts HJ-26
05/31/95 House Objection withdrawn by Rep. Witherspoon & Knotts HJ-45
05/31/95 House Amended HJ-45
05/31/95 House Read second time HJ-48
06/01/95 House Read third time and returned to Senate with
amendments HJ-34
06/01/95 Senate House amendment amended SJ-52
06/01/95 Senate Returned to House with amendments SJ-52
06/01/95 House Concurred in Senate amendment and enrolled HJ-96
06/06/95 Ratified R 95
06/12/95 Signed By Governor
06/12/95 Effective date 06/12/95
08/09/95 Copies available
08/09/95 Act No. 56
(A56, R95, S96)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING SECTION 16-13-175 SO AS TO
PROVIDE THAT A MOTOR VEHICLE USED AND OWNED BY A
PERSON IN THE THEFT OF PROPERTY MAY BE CONFISCATED
UNDER CERTAIN CIRCUMSTANCES, AND PROVIDE THE
CONFISCATION AND FORFEITURE PROCEDURE; AND TO
DIRECT THE DEPARTMENT OF TRANSPORTATION TO PROVIDE
APPROPRIATE TRAFFIC CONTROL AND ACCESS AROUND THE
CAPITOL COMPLEX DURING THE STATE HOUSE RENOVATION
PROJECT.
Be it enacted by the General Assembly of the State of South
Carolina:
Motor vehicle confiscation and disposal
SECTION 1. The 1976 Code is amended by adding:
"Section 16-13-175. (A) In addition to the penalties for larceny
of property, the motor vehicle used in the commission of the larceny may
be confiscated and forfeited to the jurisdiction where the larceny occurred
if the offender is the registered owner of the motor vehicle and the
offender used the motor vehicle during the commission of the
offense.
(B) A motor vehicle subject to confiscation and forfeiture under this
section may be confiscated by any law enforcement officer upon a
warrant issued by any court having jurisdiction or upon probable cause to
believe that the motor vehicle was used pursuant to subsection (A). The
confiscating officer shall deliver the motor vehicle immediately to the
county or municipality where the larceny occurred. The county or
municipality shall notify the registered owner of the motor vehicle by
certified mail within seventy-two hours of the confiscation. Upon notice,
the registered owner has ten days to request a hearing before the
presiding judge of the judicial circuit or his designated hearing officer.
The confiscation hearing must be held within ten days from the date of
receipt of the request. The motor vehicle must remain confiscated unless
the registered owner can show by a preponderance of the evidence that
the confiscation and forfeiture would cause an undue hardship on his
family. The county or municipality in possession of the motor vehicle
shall provide notice by certified mail of the confiscation to all lienholders
of record within ten days of the confiscation.
(C) Upon the conviction of the person owning and using the motor
vehicle in the larceny of property, or upon his plea of guilty or nolo
contendere to this offense, the county or municipality where the larceny
occurred may initiate an action in the circuit court of the county in which
the motor vehicle was seized to accomplish forfeiture by giving notice to
registered owners of record, lienholders of record, and other persons
claiming an interest in the motor vehicle subject to forfeiture and by
giving these persons an opportunity to appear and show why the motor
vehicle should not be forfeited and disposed of as provided for by this
section. Failure of a person claiming an interest in the motor vehicle to
appear at this proceeding after having been given notice constitutes a
waiver of the claim. However, the failure to appear does not alter or
affect the claim of a lienholder of record. The court, after hearing, may
order that the motor vehicle be forfeited to the county or municipality
and sold as provided in this section or returned to the registered owner.
The court may order a motor vehicle returned to the registered owner if
it is shown by a preponderance of the evidence that forfeiture of the
motor vehicle would cause an undue hardship on the registered owner's
family. Forfeiture of a motor vehicle is subordinate in priority to all
valid liens and encumbrances. Under this subsection, a person is entitled
to a jury trial if requested.
(D) If the person fails to file an appeal within ten days after the
conviction, the forfeited motor vehicle is considered abandoned and must
be disposed of as provided by Section 56-5-5640. However, if the fair
market value of the motor vehicle is less than five hundred dollars, it
must be sold as scrap to the highest bidder after first receiving at least
two bids.
(E) All costs relating to the confiscation and forfeiture of a motor
vehicle under this section, including expenses for court costs and storage
of the motor vehicle, must be paid from the proceeds of the sale of the
motor vehicle."
State House renovation, traffic control
SECTION 2. In order to preserve public safety and provide appropriate
staging space in the areas adjacent to the Capitol complex during the
period of the State House Renovation Project, notwithstanding any
provision of law or ordinance to the contrary, the Department of
Transportation is empowered and directed to take appropriate steps
regarding traffic routing and flow and pedestrian access in the area
around the Capitol Complex as directed by the committee established by
Section 2 of an act of 1995 bearing ratification no. 62.
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 12th day of June, 1995. |