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3224Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 20010110Primary Sponsor: AltmanAll Sponsors: Altman, KnottsDrafted Document Number: l:\council\bills\pt\1087cm01.docResiding Body: SenateCurrent Committee: Judiciary Committee 11 SJDate of Last Amendment: 20010222Subject: Prostitution, cash confiscated when arrested for; forfeiture procedure provided; Crimes and OffensesHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20010227 Introduced, read first time, 11 SJ referred to Committee House 20010223 Read third time, sent to Senate ------ 20010223 Scrivener's error corrected House 20010222 Read second time, unanimous consent for third reading on Friday, 20010223 House 20010222 Amended House 20010214 Co-Sponsor added (Rule 5.2) by Rep. Knotts House 20010213 Request for debate by Representative Knotts Parks McLeod Kennedy Ott Hosey Clyburn Lloyd Whatley Bingham Mack Gourdine House 20010207 Committee report: Favorable with 25 HJ amendment House 20010110 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill Revised on February 7, 2001 - Word format Revised on February 22, 2001 - Word format Revised on February 23, 2001 - Word format
Indicates Matter Stricken
Indicates New Matter
February 22, 2001
S. Printed 2/22/01--H. [SEC 2/23/01 12:45 PM]
Read the first time January 10, 2001.
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.
Amend Title To Conform
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 as provided by 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 if the criminal violation giving rise to the confiscation is within the jurisdiction of the circuit court. The circuit court in turn shall transfer the forfeiture matter to the chief magistrates court within that county for disposition in the manner provided by this section, unless the circuit court hears or will hear the forfeiture matter immediately following disposal of the underlying criminal matter. The magistrates court is vested with jurisdiction to hear and determine such matters. If the criminal violation giving rise to the confiscation is within the jurisdiction of the magistrates court, the forfeiture matter also shall be heard in that court and the petition for forfeiture filed therein. 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 will be deposited in the General Fund to be distributed as follows:
(1) seventy-five percent to the law enforcement agency or agencies;
(2) twenty-five percent to the prosecuting agency."
SECTION 2. Section 16-15-110 of the 1976 Code is amended to read:
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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