Current Status Introducing Body:
HouseBill Number: 3296Ratification Number: 448Act Number: 387Primary Sponsor: TuckerType of Legislation: GBSubject: Drug forfeited propertyDate Bill Passed both Bodies: Apr 29, 1992Computer Document Number: NO5/7084.BDGovernor's Action: SDate of Governor's Action: May 15, 1992Introduced Date: Jan 23, 1991Date of Last Amendment: Feb 11, 1992Last History Body: ------Last History Date: May 15, 1992Last History Type: Act No. 387Scope of Legislation: StatewideAll Sponsors: Tucker Huff Smith Clyborne WilkinsType of Legislation: General Bill
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 3296 ------ May 15, 1992 Act No. 387 3296 ------ May 15, 1992 Signed by Governor 3296 ------ May 13, 1992 Ratified R 448 3296 Senate Apr 29, 1992 Read third time, enrolled for ratification 3296 Senate Apr 28, 1992 Read second time, ordered to third reading with notice of general amendments 3296 Senate Apr 01, 1992 Committee Report: Favorable 11 3296 Senate Feb 13, 1992 Introduced, read first time, 11 referred to Committee 3296 House Feb 12, 1992 Read third time, sent to Senate 3296 House Feb 11, 1992 Amended, read second time 3296 House Feb 05, 1992 Committee Report: Favorable 25 with amendment 3296 House Apr 24, 1991 Recommitted to Committee, 25 retaining its place on the Calendar 3296 House Apr 17, 1991 Committee Report: Favorable 25 with amendment 3296 House Jan 23, 1991 Introduced, read first time, 25 referred to CommitteeView additional legislative information at the LPITS web site.
(A387, R448, H3296)
AN ACT TO AMEND SECTION 44-53-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION REGARDING NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO REQUIRE THE DIVISION TO PROMULGATE REGULATIONS FOR UNIFORM PROCEDURES TO DISPOSE OF CONTROLLED SUBSTANCES; AND TO AMEND THE 1976 CODE BY ADDING SECTION 44-53-485 SO AS TO PROVIDE FOR SEIZED CONTROLLED SUBSTANCES TO BE HANDLED PURSUANT TO DIVISION REGULATIONS, THE CIRCUMSTANCES UNDER WHICH THE SUBSTANCES MAY BE ORDERED DESTROYED OR LAWFULLY DISPOSED OF, WHEN PHOTOGRAPHS OR VIDEOTAPES OF THE SUBSTANCES MAY BE USED AT TRIAL, AND ADMISSIBILITY OF EVIDENCE PRESENTED AT THE ORIGINAL PROCEEDINGS.
Whereas, there is no uniform policy governing the inventory, handling, testing, storage, preservation for evidentiary purposes, and destruction of forfeited substances and property and no requirement for auditing or accounting for the substances or property seized by the law enforcement officers of this State and its political subdivisions; and
Whereas, the General Assembly has determined that dealing with forfeited substances and property currently imposes a burden on the limited law enforcement resources of the State and its political subdivisions and that uniform procedures are necessary and desirable to safeguard, account for, and provide for their timely destruction and to relieve and prevent security and storage problems. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
Regulations for uniform procedures to dispose of controlled substances
SECTION 1. Section 44-53-120 of the 1976 Code is amended by adding an appropriately numbered item to read:
"( ) promulgate regulations to provide uniform procedures for the seizure, inventory, reporting, auditing, handling, testing, storage, preservation for evidentiary use, and destruction or other lawful disposition of controlled substances."
Handling of seized controlled substances; use of photographs or videotapes of substances at trial; admissibility of evidence
SECTION 2. The 1976 Code is amended by adding:
"Section 44-53-485. (A) Controlled substances seized pursuant to this article must be inventoried, reported, audited, handled, tested, stored, preserved, or destroyed pursuant to procedures promulgated by the South Carolina Law Enforcement Division.
(B) The chief law enforcement official of the seizing agency, his designee, or the clerk of court, after one year following the conviction, guilty plea, plea by nolo contendere, or other disposition of the criminal case, may order the destruction or other lawful disposition of the substances unnecessary for evidentiary purposes in accordance with procedures promulgated by the division.
(C) The chief law enforcement official of the seizing agency or his designee, after a reasonable period of time following the seizure, may order the destruction or other lawful disposition of substances that do not come within the jurisdiction of court.
(D) When large amounts of substances are seized and storage is impractical, a law enforcement officer, only with the prior written approval and consent of the solicitor, may substitute photographs or videotapes of the substances at trial so long as a representative sample is analyzed for proof of the matter that the substances actually are present. When substitutions are used, the chief law enforcement official or his designee may authorize the destruction of the substances ten days following seizure.
(E) In all subsequent court proceedings following the disposition of the case, all evidence presented at the original proceedings is admissible through introduction of the certified record of the case."
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 15th day of May, 1992.