South Carolina General Assembly
107th Session, 1987-1988

Bill 3937

                    Current Status

Bill Number:               3937
Ratification Number:       664
Act Number                 577
Introducing Body:          House
Subject:                   Division and use of proceeds from sale of
                           forfeited property revised
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A577, R664, H3937)

AN ACT TO AMEND SECTION 44-53-588, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF PROCEEDS FROM SALES OF FORFEITED ITEMS, SO AS TO REVISE THE MANNER IN WHICH THE PROCEEDS FROM THESE SALES ARE DIVIDED, TO DELETE LIMITATIONS ON HOW MUCH MONEY A LOCAL GOVERNING BODY OR LAW ENFORCEMENT AGENCY MAY RECEIVE FROM EACH FORFEITURE, AND TO PROVIDE THAT THE STATE'S SHARE OF THE PROCEEDS MUST BE PLACED IN THE STATE GENERAL FUND AND NOT ALLOCATED FOR CERTAIN SPECIFIC USES.

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

Division and use of proceeds from sale of forfeited property revised

SECTION 1. Section 44-53-588 of the 1976 Code is amended to read:

"Section 44-53-588. All proceeds from the sale of forfeited property under Section 44-53-530 must be remitted to the State Treasurer, who shall place them in the special account. The State Treasurer shall remit directly to the governing body of the local law enforcement agency, or to a state law enforcement agency, whichever initiated seizure of the property, ninety percent of the proceeds from the sale of the forfeited property and ninety percent of monies, negotiable instruments, or securities transferred to the State Treasurer pursuant to Section 44-53-530(c), to be used exclusively by law enforcement in the control of drug offenses. These additional funds may not be used to supplant operating funds within the law enforcement agency's current or future budgets. Any expenditure of these proceeds by a law enforcement agency for an item that would have a recurring expense to the governing body must be approved by the governing body before the purchase. The remaining ten percent of the proceeds from the sale of forfeited property and monies, negotiable instruments, and securities must be transferred by the State Treasurer from the special account to the state general fund. "

Time effective

SECTION 2. This act takes effect July 1, 1988.