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COMMITTEE REPORT
May 20, 1999
H. 3411
S. Printed 5/20/99--S.
Read the first time April 28, 1999.
To whom was referred a Bill (H. 3411), to amend Section 56-5-6240, as amended, Code of Laws of South Carolina, 1976, relating to the forfeiture, confiscation, and disposition of vehicles seized, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 56-5-6240 of the 1976 Code is amended to read:
"Section 56-5-6240 (A) In addition to the penalties for persons a person convicted of a fourth or subsequent violation within the last five years of operating a motor vehicle while his license is canceled, suspended, or revoked (DUS), or a third or subsequent violation within the last ten years of operating a motor vehicle while under the influence of intoxicating liquor or drugs (DUI), the persons person must have the motor vehicle they he drove during this offense forfeited if the offender is the owner of record, or a resident of the household of the owner of record under the terms and conditions as provided in subsections (B) and (C) if the person is the registered owner or a resident of the household of the registered owner. and The vehicle must be confiscated by the arresting officer or other law enforcement officer of that agency at the time of arrest, which. The officer shall deliver it immediately to the sheriff, or chief of police, or the authorized agent of the sheriff or chief if police, in of the jurisdiction where the motor vehicle was seized confiscated. or his authorized agent who by certified mail The sheriff, chief of police, or the authorized agent of the sheriff or chief of police shall by certified mail notify the registered owner of the confiscation within seventy-two hours. Upon notification of the confiscation, the registered owner has ten days to request a hearing before the presiding judge of the judicial circuit or his designated hearing officer. The hearing must be held within ten days from the date of receipt of the request. The purpose of the hearing is to determine The vehicle must be returned to the owner of record if he can show by if there is a preponderance of the evidence that (1) the use of the vehicle on the occasion of the arrest was not either expressly or impliedly authorized, or (2) the registered owner of record did not know that the driver had no did not possess a valid license. If the requisite showing is made, the vehicle must be returned to the registered owner. Forfeiture of a vehicle is subordinate in priority to all valid liens.
The vehicle seized confiscated pursuant to this section may be returned to the registered owner upon petition to the court by the law enforcement agency seizing confiscating the vehicle if the criminal charge has not been disposed of within twelve months of the date of seizure confiscation. If the registered owner of the vehicle does not remove the vehicle from law enforcement's possession within ten days of service of the court order allowing the return, law enforcement may dispose of the vehicle as provided by Section 56-5-5640 in subsection (C). The sheriff or chief of police in possession of the vehicle shall must provide notice by certified mail of the confiscation to all lienholders of record within ten days of the confiscation.
(B) Upon the conviction of the person driving the vehicle, or upon his If a person fails to file an appeal within ten days after his conviction or plea of guilty or nolo contendere to these the offenses in subsection (A), the sheriff or chief of police shall initiate an action in the circuit court of the county in which the vehicle was seized confiscated to accomplish forfeiture by giving notice pursuant to subsection (C) to registered 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 at a hearing and show why the vehicle should not be forfeited and disposed of as provided for by this section in subsection (C). 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; however, the The failure of the lienholder to appear at the hearing does not in any way alter or affect the claim of a lienholder of record. Forfeiture of a vehicle is subordinate in priority to all valid liens and encumbrances. The court, after hearing, shall order that the vehicle be forfeited to the sheriff or chief of police and sold in the manner provided in this section subsection (C), or returned to the registered owner of record. The court shall order a vehicle returned to the registered owner of record if it is shown by a preponderance of the evidence that: (1) the use of the vehicle on the occasion of arrest was not either expressly or impliedly authorized, or (2) the registered owner of record did not know that the driver had no did not possess a valid driver's license. Otherwise, the court shall order the vehicle forfeited and disposed of in the manner provided in subsection (C). Forfeiture of a vehicle is subordinate in priority to all valid liens and encumbrances.
(C) If the person fails to file an appeal within ten days after the conviction, the A forfeited vehicle is considered abandoned and must be disposed of as provided by Section 56-5-5640. follows:
(1) within fifteen days after the expiration of the ten-day appeal period, the sheriff or chief of police shall notify, by registered or certified mail, return receipt requested, the last known registered owner of the vehicle and all lienholders of record of the fact that the vehicle has been taken into custody. The notice must describe the year, make, model, and serial number of the vehicle, provide the name of the last known registered owner, set forth where the motor vehicle is being held, inform the owner and any lienholders of the right to reclaim the motor vehicle within thirty days of the date notice was received, upon payment of all reasonable towing, preservation, and storage charges resulting from placing the vehicle in custody, and state that the failure of the registered owner or lienholder to exercise his rights to reclaim the vehicle within the time provided is a waiver by the registered owner and all lienholders of all right, title, and interest in the vehicle, and consent to the sale of the vehicle at a public auction;
(2) if the identity or address of the last registered owner cannot be determined, or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, notice by one publication in one newspaper of general circulation in the area where the motor vehicle was taken into custody is sufficient to meet all requirements of notice pursuant to this subsection. The notice by publication may contain multiple listings of abandoned vehicles. This notice must be within the time requirements prescribed for notice by registered or certified mail and must have the same contents as required for notice by registered mail;
(3) if the fair market value of the vehicle is five hundred dollars or more and the vehicle is not reclaimed as provided in this section, the sheriff or chief of police shall sell the vehicle at public auction. The purchaser of the vehicle shall take title to the vehicle free and clear of all liens and claims of ownership, receive a sales receipt from the sheriff or chief of police, and is entitled to register the vehicle and receive a certificate of title. The sales receipt is sufficient title only for the purposes of transferring the vehicle to a demolisher for demolition, wrecking, or dismantling without the necessity of additional titling of the vehicle. The costs of the hearing, auction, and reasonable towing and storage charges which resulted from placing the vehicle in custody, all notice and publication costs, and all legal costs incurred pursuant to this subsection must be reimbursed from the proceeds of the sale of the vehicle. Any remaining proceeds from the sale must be deposited in the general fund of the county or municipality;
(4) However, if the fair market value of the vehicle is less than five hundred dollars, it must be sold as scrap to the highest bidder after first receiving at least two bids.
If the registered owner, new purchaser, or lienholder believes the towing, preservation, and storage costs are excessive, he may petition the magistrate in the jurisdiction where the vehicle was taken into custody to determine the fair market price of the services.
Nothing contained in this section shall alter a contractual obligation in an existing insurance policy."
SECTION 2. This act takes effect upon approval by the Governor. /
Amend title to conform.
JAMES E. BRYAN, JR., for Committee.
TO AMEND SECTION 56-5-6240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORFEITURE, CONFISCATION, AND DISPOSITION OF VEHICLES SEIZED FROM A PERSON CONVICTED OF DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS, OR WHILE HIS LICENSE IS SUSPENDED, SO AS TO REVISE THE PROCEDURE TO DISPOSE OF A FORFEITED VEHICLE IF THE CONVICTED PERSON FAILS TO FILE AN APPEAL WITHIN TEN DAYS OF HIS CONVICTION; TO PROVIDE THAT A SHERIFF OR CHIEF OF POLICE MAY CONTRACT WITH A PRIVATE ATTORNEY TO PROVIDE HIM WITH REPRESENTATION IN A VEHICLE FORFEITURE PROCEEDING; AND TO PROVIDE THAT ATTORNEY COSTS MUST BE PAID FROM THE PROCEEDS FROM THE VEHICLE'S SALE DURING THE AUCTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-5-6240(C) of the 1976 Code, as last amended by Act 465 of 1992, is further amended to read:
"(C) If the person fails to file an appeal within ten days after the conviction, the forfeited vehicle is considered abandoned and must be disposed of as provided by Section 56-5-5640. as follows:
(1) the sheriff or chief of police shall notify within fifteen days, by registered or certified mail, return receipt requested, the last known registered owner of the vehicle and all lienholders of record that the vehicle has been taken into custody. The notice must describe the year, make, model, and serial number of the vehicle, set forth where the motor vehicle is being held, inform the owner and any lienholders of the right to reclaim the motor vehicle within three weeks after the date of the notice, upon payment of all towing, preservation, and storage charges resulting from placing the vehicle in custody, and state that the failure of the owner or lienholders to exercise their right to reclaim the vehicle within the time provided is a waiver by the owner and all lienholders of all right, title, and interest in the vehicle, and consent to the sale of the vehicle at a public auction;
(2) if the identity or address of the last registered owner cannot be determined, or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, notice by one publication in one newspaper of general circulation in the area where the motor vehicle was forfeited is sufficient to meet all requirements of notice pursuant to this subsection. The notice by publication may contain multiple listings of abandoned vehicles. This notice must be within the time requirements prescribed for notice by registered mail or certified mail and must have the same contents required for notice by registered mail;
(3) if the vehicle is not reclaimed as provided in this subsection, the sheriff or chief of police shall sell the vehicle at public auction. The purchaser of the vehicle shall take title to it free and clear of all liens and claims of ownership, receive a sales receipt from the sheriff or chief of police, and is entitled to register the vehicle and receive a certificate of title. The sales receipt is sufficient title only for the purposes of transferring the vehicle to a demolisher for demolition, wrecking, or dismantling without the necessity of additional titling of the vehicle. The costs of the hearing, auction, towing, preserving, and storing the vehicle which resulted from placing the vehicle in custody, and all notice and publication costs incurred pursuant to this subsection, must be reimbursed from the proceeds of the sale of the vehicle. Any remaining proceeds from the sale must be deposited in the general fund of the county or municipality.
(D) The sheriff or chief of police, as circumstances require, may contract with a private attorney who shall represent him in any civil hearing required for the forfeiture of the vehicle. Attorney costs must be paid from the proceeds from the vehicle's sale during the auction.
(E) However, If the fair market value of the vehicle is less than five hundred dollars, it must be sold as scrap to the highest bidder after first receiving at least two bids."
SECTION 2. This act takes effect upon approval by the Governor.
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