A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 7 TO CHAPTER 25, TITLE 17 SO AS TO DEFINE TERMS RELATED TO PROFITS FROM A CRIME, TO PROVIDE A PRIORITY LIEN IN FAVOR OF THE STATE UPON ANY PROFITS OF CRIME PAYABLE TO OR ACCRUING TO A CONVICTED PERSON OR ANOTHER PERSON ON HIS BEHALF, TO PROVIDE LIEN ATTACHMENT AT THE TIME OF CONVICTION AND DISTRIBUTION OF PROCEEDS, AND TO GIVE THE OFFICE OF THE ATTORNEY GENERAL THE AUTHORITY TO TAKE LEGAL ACTION AS NECESSARY TO PERFECT AND ENFORCE THE LIEN.

 

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

 

SECTION 1.  Chapter 25, Title 17 of the S.C. Code is amended by adding:

 

Article 7

 

Profits from a Crime

 

    Section 17-25-610. As used in this article:

    (1) "Crime" means any felony crime defined in the laws of this State with a statutory victim.

    (2) "Convicted" means any conviction by entry of a plea of guilty, nolo contendere, or a plea under North Carolina v. Alford; conviction after trial by jury or judge; a finding of guilty but mentally ill; or a finding of not guilty by reason of insanity.

    (3) "Profits from a crime" means any property obtained through or income generated from the commission of a crime of which the defendant was convicted, any property obtained by or income generated from the sale, conversion or exchange of proceeds of a crime, and any property that the defendant obtained or income generated as a result of having committed the crime, including any assets obtained through the use of unique knowledge obtained during the commission of, or in preparation for the commission of a crime, as well as any property obtained by or generated from the sale, conversion, or exchange of such property and any gain realized by such sale, conversion, or exchange and any other property or work of a defendant that contains an integral part of the defendant's crime if the value results in part from the notoriety brought by the commission or conviction of an offense.

    (4) "Statutory victim" means a victim of a crime in which a person was convicted who has suffered direct or threatened physical, psychological, or financial harm as a result of the commission of the particular crime. This definition also includes a victim's spouse, parent, or child.

 

    Section 17-25-620. (A) A lien with priority over all other past, present, and future liens shall exist in favor of the state upon any profits of crime payable to or accruing to a convicted person or another person on his behalf, including any person to whom the proceeds may be transferred or assigned by gift or otherwise. The lien shall attach at the time of the conviction in circuit court. In the event of an appeal, the funds will be held in a revolving escrow trust account with the Attorney General, South Carolina Crime Victim Services Division.

    (B) The proceeds of the account shall be distributed in the following order:

       (1) Fifty percent to the statutory victim or victims of the crime or to their dependents, to the extent of their damages as determined by the court in the lien enforcement proceedings. If there are no victims or dependents, or if their damages are less than fifty percent of the proceeds, then this portion or its remainder shall be distributed to the South Carolina crime victim's compensation fund to be awarded to crime victims.

       (2) After payments have been made pursuant to item (1), an amount equal to pay all court costs in the prosecution of the convicted person, which shall include, but shall not be limited to, jury fees and expenses, court reporter fees, lien enforcement proceedings, and prosecution expenses. Additional costs shall be assessed for the computed cost of imprisonment or supervision by the state or county correctional system. These fees and costs shall be deposited into the General Revenue Fund.

       (3) The rest, residue, and remainder to the crimes victim's compensation fund shall be distributed to crime victims.

    (C) The Office of the Attorney General is authorized and directed to take such legal action as is necessary to perfect and enforce the lien created by this section.

 

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

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