Current Status Introducing Body:House Bill Number:3144 Primary Sponsor:Meacham Committee Number:25 Type of Legislation:GB Subject:Vehicle forfeiture for speeding to avoid law officer Residing Body:House Current Committee:Judiciary Computer Document Number:EGM/18011DW.93 Introduced Date:19930114 Last History Body:House Last History Date:19930114 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Meacham Simrill G. Bailey A. Young Gamble Wofford Law Stille Shissias H. Brown Harrison Keyserling Richardson Klauber McTeer Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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3144 House 19930114 Introduced, read first time, 25
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-755 SO AS TO PROVIDE FOR THE SEIZURE AND FORFEITURE OF A MOTOR VEHICLE IF THE OWNER OF RECORD IS CONVICTED OF SECTION 56-5-750 (INCREASING SPEED TO AVOID A LAW ENFORCEMENT VEHICLE) AND TO PROVIDE PROCEDURES FOR THE FORFEITURE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 56-5-755. (A)(1) A motor vehicle operator who is found guilty in violation of Section 56-5-750 by increasing the speed of a motor vehicle in excess of posted or prima facie speed limits that may endanger life or property to avoid a pursuing law enforcement vehicle may have the motor vehicle he drove during the offense forfeited if the offender is the owner of record under the conditions as provided in subsections (B) and (C) and may be confiscated by the arresting officer or other law enforcement officer of that agency at the time of arrest. The officer shall deliver it immediately to the head of his law enforcement agency or his authorized agent who shall notify the clerk of court within forty-eight hours of the confiscation. The clerk of court shall issue a Rule to Show Cause immediately upon notification of the confiscation which must be returnable before the presiding judge of the judicial circuit or his designated hearing officer within ten days from the date of issuance of the Rule and the vehicle must be returned to the owner of record if he can show by a preponderance of the evidence that:
(a) the use of the vehicle was not either expressly or impliedly authorized; or
(b) the owner of record was not the driver at the time of the arrest.
(2) Forfeiture of a vehicle is subordinate in priority to all valid liens.
(3) For purposes of this section, a motor vehicle operator's driving may be inferred to endanger life or property where the operator's driving exceeds the posted speed limit by a speed of fifteen miles an hour or more, or where the operator does not exceed the posted speed limit by fifteen miles an hour, the driving of the fleeing vehicle may be reasonably seen as reckless, within the meaning of Section 56-5-2920, or otherwise as foreseeable to endanger the life of members of the public.
(4) If the offender is not the owner of record of the vehicle, then any vehicle of the offender may be forfeited when it can be shown that the offender is the owner of record.
(5) The law enforcement agency confiscating the vehicle shall provide notice by certified mail of the confiscation to all lienholders of record within ten days of confiscation.
(B)(1) Upon conviction of the person driving the vehicle, or upon his plea of guilty or nolo contendere to these offenses, the attorney representing the governmental entity of which the law enforcement agency is a part 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. 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 the vehicle forfeited to the State or to the political subdivision of the State of which the law enforcement agency is a part 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:
(a) the use of the vehicle on the occasion of arrest was not either expressly or impliedly authorized; or
(b) the owner of record was not the driver at the time of arrest.
Otherwise, the court shall order the vehicle forfeited. Forfeiture of a vehicle is subordinate in priority to all valid liens and encumbrances.
(2) Notice of the proceedings in item (1) must be by personal service of the owner of record, lienholder of record, if any, and any other person claiming an interest in the vehicle of a certified copy of the petition or notice of hearing, and by publication of notice in a newspaper of general circulation in the county where the vehicle was seized for at least two successive weeks before the hearing.
(3) Property constituted forfeited property by this section must be sold as provided in subsection (C).
(C) The law enforcement agency making the arrest or its authorized agent shall sell the confiscated vehicle at public auction for cash to the highest bidder in front of the county courthouse in the county where it was confiscated. It may be sold at another suitable location in that county after giving ten days' public notice of the sale by posting an advertisement on the door or bulletin board of the county courthouse or other location of the public auction and by publishing an advertisement of the auction at least once in a newspaper of general circulation in the county at least ten days before the auction. When sold, the agency or its agent shall pay the net proceeds, after payment of the liens and encumbrances on the vehicle, and after payment of the proper costs and expenses, if any, of the seizure, advertisement, and sale including any proper expense incurred for the storage of the confiscated vehicle, to the State or the political subdivision of this State of which the law enforcement agency is a part, for use in law enforcement."
SECTION 2. This act takes effect upon approval by the Governor.