H 4760 Session 112 (1997-1998)
H 4760 General Bill, By J. Smith, Barfield, Bauer, Beck, G. Brown, Cave, Govan,
Harrison, J. Hines, Kirsh, Littlejohn, Mack, Quinn, Riser, Rodgers, Sandifer,
Stuart, Townsend, Vaughn and W.J. Young
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
24-3-966 AND 24-3-967 SO AS TO PROVIDE THAT THERE IS A LIEN IN FAVOR OF THE
STATE ON PROCEEDS FROM LITERACY, CINEMATIC, OR ANOTHER ACCOUNT OF A CRIME FOR
WHICH A FELON IS CONVICTED AND UPON A FINANCIAL SETTLEMENT PAYABLE OR ACCRUING
TO A CONVICTED PERSON AS A RESULT OF INJURY INCURRED DURING OR AT THE TIME OF
A VIOLATION OF A PROVISION OF LAW, AND TO PROVIDE THE PROCEDURES TO PERFECT
THE LIEN.
03/04/98 House Introduced and read first time HJ-8
03/04/98 House Referred to Committee on Judiciary HJ-8
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTIONS 24-3-966 AND 24-3-967 SO AS TO
PROVIDE THAT THERE IS A LIEN IN FAVOR OF THE STATE
ON PROCEEDS FROM LITERARY, CINEMATIC, OR ANOTHER
ACCOUNT OF A CRIME FOR WHICH A FELON IS
CONVICTED AND UPON A FINANCIAL SETTLEMENT
PAYABLE OR ACCRUING TO A CONVICTED PERSON AS A
RESULT OF INJURY INCURRED DURING OR AT THE TIME
OF A VIOLATION OF A PROVISION OF LAW, AND TO
PROVIDE THE PROCEDURES TO PERFECT THE LIEN.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 24-3-966. (A) Notwithstanding another provision
of law, a lien prior in dignity to all others exists in favor of the state
upon royalties, commissions, proceeds of sale, or any other thing of
value payable to or accruing to a convicted felon or a person on his
behalf, including a person to whom the proceeds are transferred or
assigned by gift or otherwise, from a literary, cinematic, or another
account of the crime for which he was convicted. The lien attaches
at the time of the conviction. If the conviction is appealed, the funds
must be deposited in the state's general fund until the appeal is
resolved.
(B) The proceeds of the account in subsection (A) must be
distributed in the following order:
(1) twenty-five percent to the dependents of the convicted felon.
If there are no dependents, this portion must be distributed to the
Victims' Compensation Fund to be distributed as awards for crime
victims;
(2) twenty-five percent to the victim or victims of the crime or
to their dependents, to the extent of their damages as determined by
the court in the lien enforcement proceedings. If there are no victims
or dependents, or if their damages are less than twenty-five percent
of the proceeds, this portion, or its remainder, must be distributed to
the Victims' Compensation Fund to be distributed as awards to crime
victims;
(3) after payments have been made pursuant to subitems (1) or
(2), an amount equal to pay all court costs in the prosecution of the
convicted felon, which includes, but is not limited to, jury fees and
expenses, court reporter fees, and reasonable per diem for the
prosecuting attorneys for the State, must be deposited in the state's
general fund. Additional costs must be assessed for the computed per
capita cost of imprisonment or supervision by the Department of
Corrections. These costs must be determined by the Department of
Corrections; and
(4) the rest, residue, and remainder must be deposited in the
Victims' Compensation Fund to be distributed as awards to crime
victims.
(C) The Department of Corrections shall report to the Attorney
General the existence of circumstances that would be covered by this
section. Upon receiving this notification, the Attorney General shall
take action necessary to enforce the lien created by this
section."
SECTION 2. The 1976 Code is amended by adding:
"Section 24-3-967. (A) The court shall place a lien prior in
dignity to all others in favor of the State upon a financial settlement
payable to or accruing to a convicted person or person on his behalf,
as a result of injury incurred during or at the time of a violation of a
provision of law, or as a result of an attempt to flee apprehension for
the offense for which he was convicted. The lien must be attached by
order of the court at the time of the conviction. If the conviction is
appealed, the funds must be held in the state's general fund until the
appeal is resolved.
(B) The proceeds of the account must be distributed in the
following order:
(1) payment of all medical care, treatment, hospitalization, and
transportation resulting from the injury;
(2) payment to the victim or victims of the crime or to their
dependents, to the extent of their damages determined by the court in
the lien enforcement proceeding;
(3) payment of all court costs in the prosecution of the
convicted felon, which includes, but is not limited to, jury fees and
expense, court reporter fees, and reasonable per diem for the
prosecuting attorneys and public defenders;
(4) payment of the cost of incarceration in a Department of
Corrections facility; and
(5) the rest, residue, and remainder to the injured party.
(C) The Department of Corrections shall report to the Attorney
General the existence of circumstances that are covered by this
section. Upon receiving this notification, the Attorney General shall
take necessary action to enforce the lien created by this
section."
SECTION 3. This act takes effect upon approval by the Governor.
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