H 3144 Session 110 (1993-1994)
H 3144 General Bill, By Meacham, Bailey, H. Brown, Gamble, Harrison,
W.D. Keyserling, Klauber, Law, D.E. McTeer, Richardson, J.S. Shissias, Simrill,
Stille, S.S. Wofford and Young-Brickell
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
56-5-755 so as to provide for the seizure and forfeiture of a motor vehicle if
the owner of record is convicted of Section 56-5-750 (increasing speed to
avoid a law enforcement vehicle) and to provide procedures for the forfeiture.
01/14/93 House Introduced and read first time HJ-16
01/14/93 House Referred to Committee on Judiciary HJ-16
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 56-5-755 SO AS TO PROVIDE FOR THE
SEIZURE AND FORFEITURE OF A MOTOR VEHICLE IF THE
OWNER OF RECORD IS CONVICTED OF SECTION 56-5-750
(INCREASING SPEED TO AVOID A LAW ENFORCEMENT
VEHICLE) AND TO PROVIDE PROCEDURES FOR THE
FORFEITURE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 56-5-755. (A)(1) A motor vehicle operator
who is found guilty in violation of Section 56-5-750 by increasing the
speed of a motor vehicle in excess of posted or prima facie speed
limits that may endanger life or property to avoid a pursuing law
enforcement vehicle may have the motor vehicle he drove during the
offense forfeited if the offender is the owner of record under the
conditions as provided in subsections (B) and (C) and may be
confiscated by the arresting officer or other law enforcement officer
of that agency at the time of arrest. The officer shall deliver it
immediately to the head of his law enforcement agency or his
authorized agent who shall notify the clerk of court within forty-eight
hours of the confiscation. The clerk of court shall issue a Rule to
Show Cause immediately upon notification of the confiscation which
must be returnable before the presiding judge of the judicial circuit or
his designated hearing officer within ten days from the date of
issuance of the Rule and the vehicle must be returned to the owner of
record if he can show by a preponderance of the evidence that:
(a) the use of the vehicle was not either expressly or
impliedly authorized; or
(b) the owner of record was not the driver at the time of the
arrest.
(2) Forfeiture of a vehicle is subordinate in priority to all valid
liens.
(3) For purposes of this section, a motor vehicle operator's
driving may be inferred to endanger life or property where the
operator's driving exceeds the posted speed limit by a speed of fifteen
miles an hour or more, or where the operator does not exceed the
posted speed limit by fifteen miles an hour, the driving of the fleeing
vehicle may be reasonably seen as reckless, within the meaning of
Section 56-5-2920, or otherwise as foreseeable to endanger the life of
members of the public.
(4) If the offender is not the owner of record of the vehicle,
then any vehicle of the offender may be forfeited when it can be
shown that the offender is the owner of record.
(5) The law enforcement agency confiscating the vehicle shall
provide notice by certified mail of the confiscation to all lienholders
of record within ten days of confiscation.
(B)(1) Upon conviction of the person driving the vehicle, or upon
his plea of guilty or nolo contendere to these offenses, the attorney
representing the governmental entity of which the law enforcement
agency is a part 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. 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 the vehicle forfeited to the State or to the
political subdivision of the State of which the law enforcement agency
is a part and sold in the manner provided in this section, or returned
to the owner of record. The court shall order a vehicle returned to the
owner of record if it is shown by a preponderance of the evidence
that:
(a) the use of the vehicle on the occasion of arrest was not
either expressly or impliedly authorized; or
(b) the owner of record was not the driver at the time of
arrest.
Otherwise, the court shall order the vehicle forfeited. Forfeiture of a
vehicle is subordinate in priority to all valid liens and encumbrances.
(2) Notice of the proceedings in item (1) must be by personal
service of the owner of record, lienholder of record, if any, and any
other person claiming an interest in the vehicle of a certified copy of
the petition or notice of hearing, and by publication of notice in a
newspaper of general circulation in the county where the vehicle was
seized for at least two successive weeks before the hearing.
(3) Property constituted forfeited property by this section must
be sold as provided in subsection (C).
(C) The law enforcement agency making the arrest or its
authorized agent shall sell the confiscated vehicle at public auction for
cash to the highest bidder in front of the county courthouse in the
county where it was confiscated. It may be sold at another suitable
location in that county after giving ten days' public notice of the sale
by posting an advertisement on the door or bulletin board of the
county courthouse or other location of the public auction and by
publishing an advertisement of the auction at least once in a
newspaper of general circulation in the county at least ten days before
the auction. When sold, the agency or its agent shall pay the net
proceeds, after payment of the liens and encumbrances on the vehicle,
and after payment of the proper costs and expenses, if any, of the
seizure, advertisement, and sale including any proper expense incurred
for the storage of the confiscated vehicle, to the State or the political
subdivision of this State of which the law enforcement agency is a
part, for use in law enforcement."
SECTION 2. This act takes effect upon approval by the Governor.
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