H 3472 Session 109 (1991-1992)
H 3472 General Bill, By Hayes
A Bill to amend Section 44-53-520, as amended, Code of Laws of South Carolina,
1976, relating to forfeitures of property arising from controlled substance
violations, so as to delete the separate minimum amounts of controlled
substances which must be involved in the offense to give rise to the
forfeiture of trailers, aircraft, motor vehicles, and watergoing vehicles.
02/07/91 House Introduced and read first time HJ-25
02/07/91 House Referred to Committee on Judiciary HJ-25
A BILL
TO AMEND SECTION 44-53-520, AS AMENDED, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURES OF
PROPERTY ARISING FROM CONTROLLED SUBSTANCE
VIOLATIONS, SO AS TO DELETE THE SEPARATE MINIMUM
AMOUNTS OF CONTROLLED SUBSTANCES WHICH MUST BE
INVOLVED IN THE OFFENSE TO GIVE RISE TO THE
FORFEITURE OF TRAILERS, AIRCRAFT, MOTOR VEHICLES,
AND WATERGOING VEHICLES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-53-520(a)(6) of the 1976 Code, as amended
by Act 604 of 1990, is further amended to read:
"(6) all conveyances including, but not limited to, trailers,
aircraft, motor vehicles, and watergoing vessels which are used or
intended for use unlawfully to conceal, contain, or transport or facilitate
the unlawful concealment, possession, containment, manufacture, or
transportation of controlled substances and their compounds, except as
otherwise provided, must be forfeited to the State. No motor vehicle
may be forfeited to the State under this item unless it is used, intended
for use, or in any manner facilitates a violation of Section 44-53-370(a)
or (e), involving at least one pound or more of marijuana,
one pound or more of hashish, more than four grains of opium, more
than two grains of heroin, more than four grains of morphine, more than
ten grains of cocaine, more than fifty micrograms of lysergic acid
diethylamide (LSD) or its compounds, more than ten grains of crack, or
more than one gram of ice or crank, as defined in Section 44-53-110, or
unless it is used, intended for use, or in any manner facilitates a violation
of Section 44-53-370(e);".
SECTION 2. This act takes effect upon approval by the Governor.
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