H 3500 Session 111 (1995-1996)
H 3500 General Bill, By Limehouse, Allison, Bailey, Cato, Cooper, Cotty,
Dantzler, Davenport, Fleming, R.C. Fulmer, H.M. Hallman, Harrell, J.L. Harris,
Kennedy, Kirsh, Koon, Mason, Rice, Seithel, Simrill, Stille, Stuart, Tripp,
Whatley, Wilkes, Witherspoon, S.S. Wofford, W.J. Young and Young-Brickell
Similar(S 246, H 3306, H 4317)
A Bill to amend Section 56-5-6240, as amended, Code of Laws of South Carolina,
1976, relating to forfeiture, confiscation, and disposition of vehicles seized
for conviction of driving under suspension or driving under the influence of
alcohol or drugs, so as to provide for forfeiture of a vehicle upon a second
or subsequent, rather than a fourth or subsequent, violation of driving with a
suspended driver's license.
02/07/95 House Introduced and read first time HJ-5
02/07/95 House Referred to Committee on Judiciary HJ-5
A BILL
TO AMEND SECTION 56-5-6240, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO
FORFEITURE, CONFISCATION, AND DISPOSITION OF
VEHICLES SEIZED FOR CONVICTION OF DRIVING UNDER
SUSPENSION OR DRIVING UNDER THE INFLUENCE OR
ALCOHOL OR DRUGS, SO AS TO PROVIDE FOR
FORFEITURE OF A VEHICLE UPON A SECOND OR
SUBSEQUENT, RATHER THAN A FOURTH OR
SUBSEQUENT, VIOLATION OF DRIVING WITH A
SUSPENDED DRIVER'S LICENSE.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 56-5-6240(A) and (B) of the 1976 Code,
as amended by Act 465 of 1992, is further amended to read:
"(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 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 immediately 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."
SECTION 2. This act takes effect upon approval by the
Governor.
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