Current Status Bill Number:3264 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950117 Primary Sponsor:Anderson All Sponsors:Anderson Drafted Document Number:DKA\3570CM.95 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Forfeited property, controlled substances
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19950117 Introduced, read first time, 25 HJ
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND SECTION 44-53-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORFEITURE PROCEDURES, THE DISPOSITION OF FORFEITED ITEMS, AND THE DISPOSITION OF PROCEEDS OF SALES OF REAL OR PERSONAL PROPERTY CONFISCATED PURSUANT TO THE SEIZURE OF CONTROLLED SUBSTANCES, SO AS TO MODIFY THE DISTRIBUTION OF PROCEEDS FROM THE SALE OF PROPERTY FORFEITED TO PROVIDE FOR THE COMPENSATION OF PERSONS PROVIDING INFORMATION LEADING TO THE FORFEITURE OF PROPERTY, AND TO PROVIDE FUNDS TO ESTABLISH AND OPERATE SUBSTANCE ABUSE FACILITIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-53-530(e) and (g) of the 1976 Code, as last amended by Act 333 of 1992, is further amended to read:
"(e) All Real or personal property, conveyances, and equipment of any value defined in Section 44-53-520, when reduced to proceeds, any cash more than one thousand dollars, any negotiable instruments, and any securities which are seized and forfeited must be disposed of as follows:
(1) seventy-five twenty-five percent to the law enforcement agency or agencies;
(2) twenty-five percent to the law enforcement agency or agencies to be given to private citizens who provide information that leads to the forfeiture of property defined in Section 44-53-520 if applicable;
(3) twenty-five percent to law enforcement agency or agencies to be used to establish and operate community-based substance abuse facilities;
(2)(4) twenty percent to the prosecuting agency; and
(3)(5) five percent the remainder must be remitted to the State Treasurer and deposited to the credit of the general fund of the State.
(g)All Forfeited monies and proceeds from the sale of forfeited property as defined in Section 44-53-520 must be retained by the governing body of the local law enforcement agency or prosecution agency and deposited in a separate, special account in the name of each appropriate agency. These accounts may be drawn on and used only by the law enforcement agency or prosecution agency for which the account was established. For law enforcement agencies, the accounts must be used for drug enforcement and substance abuse activities and for prosecution agencies, the accounts must be used in matters relating to the prosecution of drug offenses and litigation of drug-related matters.
These accounts must not be used to supplant operating funds in the current or future budgets. Expenditures from these accounts for an item that would be a recurring expense must be approved by the governing body before purchase or, in the case of a state law enforcement agency or prosecution agency, approved as provided by law.
In the case of a state law enforcement agency or state prosecution agency, monies and proceeds must be remitted to the State Treasurer who shall establish separate, special accounts as provided in this section for local agencies.
All expenditures from these accounts must be documented, and the documentation made available for audit purposes and upon request by a person under the provisions of Chapter 4 of Title 30, the Freedom of Information Act."
SECTION 2. This act takes effect upon approval by the Governor.