South Carolina General Assembly
120th Session, 2013-2014

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Indicates New Matter

H. 3040

STATUS INFORMATION

General Bill
Sponsors: Reps. Rutherford and G.R. Smith
Document Path: l:\council\bills\swb\5036cm13.docx

Introduced in the House on January 8, 2013
Currently residing in the House Committee on Judiciary

Summary: Seized property

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/11/2012  House   Prefiled
  12/11/2012  House   Referred to Committee on Judiciary
    1/8/2013  House   Introduced and read first time (House Journal-page 61)
    1/8/2013  House   Referred to Committee on Judiciary 
                        (House Journal-page 61)

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/11/2012

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-13-180 SO AS TO PROVIDE THAT ANY PROPERTY SEIZED BY A LAW ENFORCEMENT AGENCY PURSUANT TO OR WITHOUT A WARRANT MUST BE RETURNED TO ITS LAWFUL OWNER WITHIN THIRTY DAYS OF ITS SEIZURE UNLESS A COURT DETERMINES THAT PROBABLE CAUSE EXISTS TO ALLOW THE LAW ENFORCEMENT AGENCY TO MAINTAIN POSSESSION OF THE PROPERTY.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Chapter 13, Title 17 of the 1976 Code is amended by adding:

"Section 17-13-180.    Any property seized by a law enforcement agency pursuant to or without a warrant must be returned to its lawful owner within thirty days of its seizure unless a court determines that probable cause exists to allow the law enforcement agency to maintain possession of the property."

SECTION    2.    This act takes effect upon approval by the Governor.

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This web page was last updated on Thursday, February 28, 2013 at 3:22 P.M.