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   05/31/95  House  Objection withdrawn by Rep.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

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.