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Indicates Matter Stricken
Indicates New Matter
Sponsors: Reps. Altman, Simrill, Coates and Cotty
Document Path: l:\council\bills\swb\5061cm03.doc
Introduced in the House on January 14, 2003
Introduced in the Senate on February 26, 2003
Last Amended on February 25, 2003
Currently residing in the Senate Committee on Judiciary
Summary: Forfeiture of cash for person arrested for prostitution
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/4/2002 House Prefiled 12/4/2002 House Referred to Committee on Judiciary 1/14/2003 House Introduced and read first time HJ-17 1/14/2003 House Referred to Committee on Judiciary HJ-17 2/4/2003 House Member(s) request name added as sponsor: Cotty 2/19/2003 House Committee report: Favorable with amendment Judiciary HJ-7 2/25/2003 House Amended HJ-32 2/25/2003 House Read second time HJ-33 2/26/2003 House Requests for debate-Rep(s). Howard HJ-20 2/26/2003 House Read third time and sent to Senate HJ-20 2/26/2003 Senate Introduced and read first time SJ-17 2/26/2003 Senate Referred to Committee on Judiciary SJ-17
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
Indicates Matter Stricken
Indicates New Matter
February 25, 2003
S. Printed 2/25/03--H.
Read the first time January 14, 2003.
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. Article 1, Chapter 15, Title 16 of 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) After payment of all costs of the seizure and forfeiture proceeding, all remaining cash forfeited must 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.
(E) The cash forfeited pursuant to this section is subject to all financial regulations of the host jurisdiction, including procurement, audit, and personnel costs."
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. All proceedings pending and all rights and liabilities existing, acquired, or accrued at the time this act takes effect are saved. The provisions of this act apply prospectively to crimes and offenses committed on or after the effective date of this act.
SECTION 4. This act takes effect upon approval by the Governor.
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