Current Status Bill Number:4760 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19980304 Primary Sponsor:J. Smith All Sponsors:J. Smith, G. Brown, Kirsh, Sandifer, Vaughn, Bauer, Harrison, Young, Govan, Littlejohn, Beck, Rodgers, Barfield, J. Hines, Quinn, Townsend, Stuart, Cave, Riser and Mack Drafted Document Number:ggs\22014cm.98 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Lien provided in favor of state on proceeds from account of convicted felon; Prisons and Prisoners, Property
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19980304 Introduced, read first time, 25 HJ
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 24-3-966 AND 24-3-967 SO AS TO PROVIDE THAT THERE IS A LIEN IN FAVOR OF THE STATE ON PROCEEDS FROM LITERARY, CINEMATIC, OR ANOTHER ACCOUNT OF A CRIME FOR WHICH A FELON IS CONVICTED AND UPON A FINANCIAL SETTLEMENT PAYABLE OR ACCRUING TO A CONVICTED PERSON AS A RESULT OF INJURY INCURRED DURING OR AT THE TIME OF A VIOLATION OF A PROVISION OF LAW, AND TO PROVIDE THE PROCEDURES TO PERFECT THE LIEN.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 24-3-966. (A) Notwithstanding another provision of law, a lien prior in dignity to all others exists in favor of the state upon royalties, commissions, proceeds of sale, or any other thing of value payable to or accruing to a convicted felon or a person on his behalf, including a person to whom the proceeds are transferred or assigned by gift or otherwise, from a literary, cinematic, or another account of the crime for which he was convicted. The lien attaches at the time of the conviction. If the conviction is appealed, the funds must be deposited in the state's general fund until the appeal is resolved.
(B) The proceeds of the account in subsection (A) must be distributed in the following order:
(1) twenty-five percent to the dependents of the convicted felon. If there are no dependents, this portion must be distributed to the Victims' Compensation Fund to be distributed as awards for crime victims;
(2) twenty-five percent to the victim or victims of the crime or to their dependents, to the extent of their damages as determined by the court in the lien enforcement proceedings. If there are no victims or dependents, or if their damages are less than twenty-five percent of the proceeds, this portion, or its remainder, must be distributed to the Victims' Compensation Fund to be distributed as awards to crime victims;
(3) after payments have been made pursuant to subitems (1) or (2), an amount equal to pay all court costs in the prosecution of the convicted felon, which includes, but is not limited to, jury fees and expenses, court reporter fees, and reasonable per diem for the prosecuting attorneys for the State, must be deposited in the state's general fund. Additional costs must be assessed for the computed per capita cost of imprisonment or supervision by the Department of Corrections. These costs must be determined by the Department of Corrections; and
(4) the rest, residue, and remainder must be deposited in the Victims' Compensation Fund to be distributed as awards to crime victims.
(C) The Department of Corrections shall report to the Attorney General the existence of circumstances that would be covered by this section. Upon receiving this notification, the Attorney General shall take action necessary to enforce the lien created by this section."
SECTION 2. The 1976 Code is amended by adding:
"Section 24-3-967. (A) The court shall place a lien prior in dignity to all others in favor of the State upon a financial settlement payable to or accruing to a convicted person or person on his behalf, as a result of injury incurred during or at the time of a violation of a provision of law, or as a result of an attempt to flee apprehension for the offense for which he was convicted. The lien must be attached by order of the court at the time of the conviction. If the conviction is appealed, the funds must be held in the state's general fund until the appeal is resolved.
(B) The proceeds of the account must be distributed in the following order:
(1) payment of all medical care, treatment, hospitalization, and transportation resulting from the injury;
(2) payment to the victim or victims of the crime or to their dependents, to the extent of their damages determined by the court in the lien enforcement proceeding;
(3) payment of all court costs in the prosecution of the convicted felon, which includes, but is not limited to, jury fees and expense, court reporter fees, and reasonable per diem for the prosecuting attorneys and public defenders;
(4) payment of the cost of incarceration in a Department of Corrections facility; and
(5) the rest, residue, and remainder to the injured party.
(C) The Department of Corrections shall report to the Attorney General the existence of circumstances that are covered by this section. Upon receiving this notification, the Attorney General shall take necessary action to enforce the lien created by this section."
SECTION 3. This act takes effect upon approval by the Governor.