H 3306 Session 111 (1995-1996)
H 3306 General Bill, By Simrill and Meacham
Similar(S 246, H 3500, H 4317)
A Bill to amend Section 56-5-6240, as amended, Code of Laws of South Carolina,
1976, relating to forfeiture, confiscation, and sale of certain motor
vehicles, so as to provide for such forfeiture upon a second or subsequent,
rather than a fourth or subsequent, violation of driving under suspension and
upon a second or subsequent, rather than a fourth or subsequent, violation of
driving under the influence.
01/18/95 House Introduced and read first time HJ-24
01/18/95 House Referred to Committee on Judiciary HJ-24
02/14/95 House Tabled in committee Judiciary
A BILL
TO AMEND SECTION 56-5-6240, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO
FORFEITURE, CONFISCATION, AND SALE OF CERTAIN
MOTOR VEHICLES, SO AS TO PROVIDE FOR SUCH
FORFEITURE UPON A SECOND OR SUBSEQUENT, RATHER
THAN A FOURTH OR SUBSEQUENT, VIOLATION OF
DRIVING UNDER SUSPENSION AND UPON A SECOND OR
SUBSEQUENT, RATHER THAN A FOURTH OR
SUBSEQUENT, VIOLATION OF DRIVING UNDER THE
INFLUENCE.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 56-5-6240 of the 1976 Code, as last
amended by Act 465 of 1992, is further amended to read:
"Section 56-5-6240. (A) In addition to the penalties for
persons a person convicted of a fourth
second 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 second 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 person must have the motor vehicle
they he 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 another 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."
SECTION 2. This act takes effect upon approval by the
Governor.
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