S 197 Session 110 (1993-1994)
S 0197 General Bill, By Hayes, Martin, Waldrep and Wilson
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.
01/13/93 Senate Introduced and read first time SJ-9
01/13/93 Senate Referred to Committee on Judiciary SJ-9
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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