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S. 465
STATUS INFORMATION
General Bill
Sponsors: Senators Martin and Alexander
Document Path: l:\s-res\lam\008htoc.mrh.doc
Introduced in the Senate on March 11, 2003
Currently residing in the Senate Committee on Judiciary
Summary: DUS, habitual offender, vehicle confiscated
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/11/2003 Senate Introduced and read first time SJ-5 3/11/2003 Senate Referred to Committee on Judiciary SJ-5
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 56-5-6240 OF THE 1976 CODE, RELATING TO THE FORFEITURE, CONFISCATION, AND DISPOSITION OF VEHICLES SEIZED FOR CONVICTION OF DRIVING UNDER SUSPENSION OR DRIVING UNDER THE INFLUENCE, TO PROVIDE THAT A PERSON CONVICTED OF HABITUAL OFFENDER WHO HAS THREE OR MORE PRIOR CONVICTIONS FOR DRIVING UNDER SUSPENSION IN THE PAST FIVE YEARS ALSO MUST HAVE HIS MOTOR VEHICLE CONFISCATED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-5-6240 of the 1976 Code is amended to read:
"Section 56-5-6240. (A) For purposes of this section, a 'triggering offense' means:
(1) a fourth or subsequent violation within the last five years of operating a motor vehicle while a person's license is canceled, suspended, or revoked, (DUS);
(2) 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); or
(3) habitual offender, as defined in Section 56-1-1020, if the person has three or more convictions for DUS in the last five years.
(A)(B) In addition to the penalties for 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) triggering offense, the person must have the motor vehicle he drove during this offense forfeited as provided in subsections (B)(C) and (C)(D) if the person is the registered owner or a resident of the household of the registered owner. The vehicle must be confiscated by the arresting officer or other law enforcement officer of that agency at the time of arrest. The officer shall deliver it immediately to the sheriff, chief of police, or the authorized agent of the sheriff or chief of police, in the jurisdiction where the motor vehicle was confiscated. 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 if there is a preponderance of the evidence that (1) the use of the vehicle on the occasion of the arrest was not expressly or impliedly authorized, or (2) the registered owner did not know that the driver did not possess a valid license. If the requisite showing is made, the vehicle must be returned to the registered owner. The vehicle confiscated pursuant to this section may be returned to the registered owner upon petition to the court by the law enforcement agency confiscating the vehicle if the criminal charge has not been disposed of within twelve months of the date of 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 in subsection (C)(D). The sheriff or chief of police in possession of the vehicle must provide notice by certified mail of the confiscation to all lienholders of record within ten days of the confiscation.
(B)(C) If a person fails to file an appeal within ten days after his conviction or plea of guilty or nolo contendere to the offenses in subsection (A) a triggering offense, the sheriff or chief of police shall initiate an action in the circuit court of the county in which the vehicle was confiscated to accomplish forfeiture by giving notice pursuant to subsection (C)(D) to registered owners, 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 in subsection (C)(D). 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 subsection (C)(D), or returned to the registered owner. The court shall order a vehicle returned to the registered owner if it is shown by a preponderance of the evidence that (1) the use of the vehicle on the occasion of arrest was not expressly or impliedly authorized, or (2) the registered owner did not know that the driver 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)(D).
(C)(D) A forfeited vehicle with a fair market value of more than five hundred dollars must be disposed of pursuant to Section 56-5-5640 for abandoned vehicles, except that any remaining proceeds from the sale must be deposited in the general fund of the county or municipality. 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.
(D)(E) 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.
(E)(F) 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.
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