H 4317 Session 111 (1995-1996)
H 4317 General Bill, By Kirsh, B.D. Cain, Inabinett, W.D. Keyserling, Meacham,
Simrill and Vaughn
Similar(S 246, H 3306, H 3500)
A Bill to amend Section 56-5-6240, as amended, Code of Laws of South Carolina,
1976, relating to the forfeiture, confiscation, and disposition of vehicles
seized from persons convicted of driving with a suspended driver's license or
driving under the influence of intoxicating liquor or drugs, so as to require
the forfeiture hearing to be completed within three months from the date the
forfeiture action is commenced.
12/06/95 House Prefiled
12/06/95 House Referred to Committee on Judiciary
01/09/96 House Introduced and read first time HJ-54
01/09/96 House Referred to Committee on Judiciary HJ-54
A BILL
TO AMEND SECTION 56-5-6240, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
FORFEITURE, CONFISCATION, AND DISPOSITION OF
VEHICLES SEIZED FROM PERSONS CONVICTED OF
DRIVING WITH A SUSPENDED DRIVER'S LICENSE OR
DRIVING UNDER THE INFLUENCE OF INTOXICATING
LIQUOR OR DRUGS, SO AS TO REQUIRE THE FORFEITURE
HEARING TO BE COMPLETED WITHIN THREE MONTHS
FROM THE DATE THE FORFEITURE ACTION IS
COMMENCED.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 56-5-6240(B) of the 1976 Code, as last
amended by Act 465 of 1992, is further amended to read:
"(B) Upon the conviction of the person driving the
vehicle, or upon his plea of guilty or nolo contendere to these
offenses, the sheriff or chief of police shall initiate an action in the
circuit court of the county in which the vehicle was seized to
accomplish forfeiture by giving notice to owners of record,
lienholders of record, and other persons claiming an interest in the
vehicle subject to forfeiture and by giving these persons an
opportunity to appear and show why the vehicle should not be
forfeited and disposed of as provided for by this section. Failure of
a person claiming an interest in the vehicle to appear at the above
proceeding after having been given notice constitutes a waiver of
the claim; however, the failure to appear does not in any way alter
or affect the claim of a lienholder of record. The court, after
hearing, shall order that the vehicle be forfeited to the sheriff or
chief of police and sold in the manner provided in this section, or
returned to the owner of record. This hearing must be
completed and the order must be issued within three months from
the date the action is commenced. The court shall order a
vehicle returned to the owner of record if it is shown by a
preponderance of the evidence that: (1) the use of the vehicle on the
occasion of arrest was not either expressly or impliedly authorized,
or (2) the owner of record did not know that the driver had no valid
driver's license. Otherwise, the court shall order the vehicle
forfeited. Forfeiture of a vehicle is subordinate in priority to all
valid liens and encumbrances."
SECTION 2. This act takes effect upon approval by the
Governor.
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