H 3493 General Bill, By Fleming, Cooper, Cotty, J.L.M. Cromer, Haskins, 
B.L. Jordan, Knotts, Sandifer and Stille

Similar(S 682, H 3037)
 A BILL TO AMEND SECTION 56-5-6240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE CONFISCATION, FORFEITURE, AND DISPOSITION OF VEHICLES
 DRIVEN BY PERSONS CONVICTED OF FOUR OR MORE VIOLATIONS OF THE DRIVING UNDER
 THE INFLUENCE OR DRIVING UNDER SUSPENSION PROVISIONS, SO AS TO REVISE THE
 NUMBER OF CONVICTIONS THAT RESULT IN THE CONFISCATION AND FORFEITURE OF A
 VEHICLE.

   02/19/97  House  Introduced and read first time HJ-7
   02/19/97  House  Referred to Committee on Judiciary HJ-8

TO AMEND SECTION 56-5-6240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFISCATION, FORFEITURE, AND DISPOSITION OF VEHICLES DRIVEN BY PERSONS CONVICTED OF FOUR OR MORE VIOLATIONS OF THE DRIVING UNDER THE INFLUENCE OR DRIVING UNDER SUSPENSION PROVISIONS, SO AS TO REVISE THE NUMBER OF CONVICTIONS THAT RESULT IN THE CONFISCATION AND FORFEITURE OF A VEHICLE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 56-5-6240(A) of the 1976 Code, as last amended by Act 465 of 1992, is further amended to read:

"(A) In addition to the penalties for persons convicted of a fourth second or subsequent violation within the last five 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), 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 sheriff or chief of police of the jurisdiction where the motor vehicle was seized or his authorized agent who by certified mail shall notify the registered owner of the confiscation within seventy-two hours. Upon notification of the confiscation, the registered owner has ten days to request a hearing before the presiding judge of the judicial circuit or his designated hearing officer within ten days from the date of receipt of the request. 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 sheriff or chief of police in possession of 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.