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Current Status Bill Number:View additional legislative information at the LPITS web site.479 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20010322 Primary Sponsor:Ryberg All Sponsors:Ryberg, Courson, Martin, Fair, Wilson, Peeler, Richardson and Hawkins Drafted Document Number:l:\council\bills\skb\18306som01.doc Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Lien provided on real, personal property of persons when report false crime or commit crime; Law Enforcement, Officers History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20010322 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill
TO AMEND ARTICLE 9, CHAPTER 35, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIENS AND JUDGMENTS AS CIVIL REMEDIES, BY ADDING SECTION 15-35-890 SO AS TO PROVIDE A LIEN ON REAL AND PERSONAL PROPERTY OF A PERSON WHO KNOWINGLY FALSELY REPORTS A CRIME TO LAW ENFORCEMENT THAT CAUSES A LAW ENFORCEMENT AGENCY TO EXPEND PUBLIC FUNDS FOR THE UTILIZATION OF SPECIALIZED EQUIPMENT WHICH WOULD NOT HAVE BEEN EXPENDED EXCEPT FOR THE FALSE REPORT, TO PROVIDE A LIEN ON THE REAL AND PERSONAL PROPERTY OF A PERSON WHO, THROUGH A CRIMINAL ACT, CAUSES A LAW ENFORCEMENT AGENCY TO EXPEND PUBLIC FUNDS FOR THE UTILIZATION OF SPECIALIZED EQUIPMENT DURING THE INVESTIGATION OF THE CRIMINAL ACT, TO PROVIDE THAT THE PRESIDING JUDGE MAY DETERMINE THE REIMBURSEMENT AMOUNT BASED ON A FEDERAL SCHEDULE AND MAY ORDER FULL OR PARTIAL REIMBURSEMENT, INCLUDING AN INDETERMINATE SENTENCE OF INCARCERATION OR PROBATION UNTIL REIMBURSEMENT IN FULL IS MADE, TO PROVIDE THE ATTORNEY GENERAL MAY BRING AN ACTION TO ENFORCE THIS LIEN, AND TO PROVIDE AN EXCEPTION TO EXECUTION ON THIS LIEN FOR THE PERSON'S HOMESTEAD.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 15-35-890. (A) There is created a general lien upon the real and personal property, including present and future wages of any person who knowingly falsely reports a crime or incident to a law enforcement agency that causes the agency to respond and expend public funds for the utilization of specialized equipment such as aircraft, watercraft, mobile bomb disposal units, and the costs of overtime and related food costs incurred on behalf of the person that would not otherwise have been expended except for the false report.
(B) There is created a general lien upon real and personal property, including present and future wages of any person who, through a criminal act, causes a law enforcement agency to expend public funds for, but not limited to, the utilization of specialized equipment such as aircraft, watercraft, mobile bomb disposal units, and the costs of overtime and related food costs incurring during an investigation of a criminal act.
(C) In addition to any other sentence imposed upon a person convicted of a criminal offense, the presiding judge may determine the amount of the reimbursement which must be based on the Federal Emergency Management Agency's reimbursement schedule, and may order full or partial reimbursement of all public funds expended by a law enforcement agency in the course of the criminal investigation. The judge may provide for an indeterminate sentence of incarceration or probation, or both, until reimbursement in full is made.
(D) The Attorney General is charged with an affirmative duty to recover public funds or the value thereof, and he may bring an action to enforce the lien created pursuant to this section at any time up to three years after the death of a person whose real and personal property is subject to the lien created pursuant to this section.
(E) A person who receives real or personal property subject to the lien created pursuant to this section who has actual or constructive knowledge of the lien, or of facts giving rise to the attachment of the lien against the property of another, is not a bona fide purchaser for value or a holder in due course.
(F) The Attorney General or his designee may file a satisfaction and discharge the lien created pursuant to this section after reimbursement has been made by payment of the amount of the lien in full.
(G) The lien created pursuant to this section and the action to enforce the lien are cumulative and in addition to all other remedies provided by law.
(H) The Attorney General may not obtain a judgment pursuant to this section by execution against the person's homestead. For purposes of this section, 'homestead' has the same meaning as in Section 15-41-30 of the Code of Laws."
SECTION 2. This act takes effect upon approval by the Governor and applies to false crime reports or criminal acts occurring after that date.
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