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Current Status Bill Number:View additional legislative information at the LPITS web site.3568 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19990218 Primary Sponsor:Altman All Sponsors:Altman and Harrison Drafted Document Number:l:\council\bills\ggs\22169cm99.doc Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Prostitution, cash confiscated from person arrested for; forfeiture procedure provided; Crimes and Offenses History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 19990218 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-115 SO AS TO PROVIDE A FORFEITURE PROCEDURE WITH RESPECT TO CASH THAT IS CONFISCATED FROM A PERSON ARRESTED FOR A PROSTITUTION VIOLATION; AND TO AMEND SECTION 16-15-110, RELATING TO PENALTIES FOR PROSTITUTION VIOLATIONS, SO AS TO PROVIDE THAT CASH CONFISCATED PURSUANT TO AN ARREST FOR PROSTITUTION IS SUBJECT TO FORFEITURE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 16-15-115. (A) Forfeiture of cash contained in subsection (D) of this section must be accomplished by petition of the circuit solicitor or his designee to the court of common pleas for the jurisdiction where the cash was seized. The petition must be submitted to the court within a reasonable period following seizure and must contain the facts upon which the seizure was made. The petition shall identify all persons known to the petitioner to have interests in the property. A copy of the petition must be sent to each law enforcement agency which has notified the petitioner of its involvement in effecting the seizure. Notice of hearing or rule to show cause must be directed to all persons with interests in the cash listed in the petition, including law enforcement agencies which have notified the petitioner of their involvement in effecting the seizure.
(B) The judge shall determine whether the cash is subject to forfeiture and order the forfeiture confirmed. If there is a dispute regarding the division of the cash among participating law enforcement agencies, it must be determined by the judge.
(C) A forfeiture may be effected by consent order approved by the court without filing or serving pleadings or notices provided, that all persons with an interest in the cash, including participating law enforcement agencies, entitled to notice under this section, consent to the forfeiture. Disposition of the cash may be accomplished by consent of the petitioner and the agencies involved.
(D) All cash forfeited must be disposed of as follows:
(1) seventy-five percent to the law enforcement agency or agencies;
(2) twenty-five percent to the prosecuting agency.
(E) Nothing in this section prevents a county or municipal government from establishing a forfeiture procedure for cash confiscated pursuant to an arrest for prostitution."
SECTION 2. Section 16-15-110 of the 1976 Code is amended to read:
"Section 16-15-110. Any A person violating any a provision of Sections 16-15-90 and 16-15-100 must, upon conviction, be punished as follows:
(1) for the first offense, a fine not exceeding two hundred dollars or confinement in prison for a period of not more than thirty days;
(2) for the second offense, a fine not exceeding one thousand dollars or imprisonment for not exceeding six months, or both;
(3) for the third or any subsequent offense, a fine not exceeding three thousand dollars or imprisonment for not less than one year, or both.
In addition to the penalties contained in this provision, all cash confiscated pursuant to an arrest of a person violating a provision of Sections 16-15-90 and 16-15-100 is subject to the forfeiture provisions contained in Section 16-15-115."
SECTION 3. This act takes effect upon approval by the Governor.
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