H*4311(Rat #0566, Act #0465 of 1992)  General Bill, By H.H. Clyborne, 
M.O. Alexander, J.J. Bailey, J.M. Baxley, H. Brown, A.W. Byrd, Cato, 
C.D. Chamblee, J.D. Cole, Delleney, Fair, H.M. Hallman, J.P. Harrelson, 
Harrison, B.H. Harwell, Haskins, D.N. Holt, Inabinett, Koon, Littlejohn, Martin, 
A.C. McGinnis, Neilson, Phillips, Quinn, J. Rama, Meacham, Riser, I.K. Rudnick, 
J.S. Shissias, R. Smith, C.H. Stone, C.L. Sturkie, Townsend, J.W. Tucker, 
Vaughn, C.Y. Waites, D.C. Waldrop, C.C. Wells, J.B. Wilder, Wilkes, D. Williams, 
D.A. Wright and Young-Brickell
 A Bill to amend Section 56-5-6240, Code of Laws of South Carolina, 1976,
 relating to forfeiture, confiscation, and sale of certain motor vehicles so as
 to permit the arresting officer to release the motor vehicle to the sheriff or
 chief of police of the jurisdiction where the motor vehicle was seized instead
 of the head of the officer's law enforcement agency, and to provide for notice
 of forfeiture and sale of the vehicle.-amended title

   01/30/92  House  Introduced and read first time HJ-3
   01/30/92  House  Referred to Committee on Judiciary HJ-3
   04/15/92  House  Committee report: Favorable with amendment
                     Judiciary HJ-14
   05/05/92  House  Debate interrupted HJ-37
   05/06/92  House  Amended HJ-10
   05/06/92  House  Debate adjourned until Thursday, May 7, 1992 HJ-11
   05/07/92  House  Read second time HJ-69
   05/12/92  House  Read third time and sent to Senate HJ-20
   05/13/92  Senate Introduced and read first time SJ-7
   05/13/92  Senate Referred to Committee on Judiciary SJ-7
   05/27/92  Senate Polled out of committee Judiciary SJ-22
   05/27/92  Senate  Favorable SJ-23
   06/02/92  Senate Read second time SJ-61
   06/03/92  Senate Read third time and enrolled SJ-41
   06/04/92         Ratified R 566
   06/15/92         Signed By Governor
   06/15/92         Effective date 06/15/92
   06/15/92         Act No. 465
   06/26/92         Copies available

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

Confiscation and forfeiture of motor vehicle

SECTION 1. Section 56-5-6240 of the 1976 Code is amended to read:

"Section 56-5-6240. (A) In addition to the penalties for persons convicted of a fourth 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 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.

(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. 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.

(C) If the person fails to file an appeal within ten days after the conviction, the forfeited vehicle is considered abandoned and must be disposed of as provided by Section 56-5-5640. However, if the fair market value of the vehicle is less than five hundred dollars, it must be sold as scrap to the highest bidder after first receiving at least two bids."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 15th day of June, 1992.