Current Status Introducing Body:House Bill Number:4311 Ratification Number:566 Act Number:465 Primary Sponsor:Clyborne Type of Legislation:GB Subject:Motor vehicle property forfeiture Date Bill Passed both Bodies:Jun 03, 1992 Computer Document Number:BBM/9707.AL Governor's Action:S Date of Governor's Action:Jun 15, 1992 Introduced Date:Jan 30, 1992 Date of Last Amendment:May 06, 1992 Last History Body:------ Last History Date:Jun 15, 1992 Last History Type:Act No. 465 Scope of Legislation:Statewide All Sponsors:Clyborne Tucker J. Bailey A. Young Meacham Vaughn Rama Littlejohn Hallman Wells Haskins Harwell Waites Townsend Holt Wright Baxley Chamblee Sturkie Phillips Neilson Fair M.O. Alexander Cato Shissias Byrd McGinnis Inabinett Cole L. Martin Riser Quinn Harrison Harrelson H. Brown Smith Koon Wilkes Wilder D. Williams Stone Rudnick Delleney Waldrop Type of Legislation:General Bill
Bill Body Date Action Description CMN
---- ------ ------------ ------------------------------ ---
4311 ------ Jun 15, 1992 Act No. 465
4311 ------ Jun 15, 1992 Signed by Governor
4311 ------ Jun 04, 1992 Ratified R 566
4311 Senate Jun 03, 1992 Read third time, enrolled for
ratification
4311 Senate Jun 02, 1992 Read second time, unanimous
consent for third reading on
Wednesday, June 3, 1992
4311 Senate May 27, 1992 Polled out of Committee: 11
Favorable
4311 Senate May 13, 1992 Introduced, read first time, 11
referred to Committee
4311 House May 12, 1992 Read third time, sent to
Senate
4311 House May 07, 1992 Read second time
4311 House May 06, 1992 Debate adjourned until
Thursday, May 7, 1992
4311 House May 06, 1992 Amended
4311 House May 05, 1992 Debate interrupted
4311 House Apr 15, 1992 Committee Report: Favorable 25
with amendment
4311 House Jan 30, 1992 Introduced, read first time, 25
referred to Committee
View additional legislative information at the LPITS web site.
(A465, R566, H4311)
AN ACT TO AMEND SECTION 56-5-6240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE, CONFISCATION, AND SALE OF CERTAIN MOTOR VEHICLES SO AS TO PERMIT THE ARRESTING OFFICER TO RELEASE THE MOTOR VEHICLE TO THE SHERIFF OR CHIEF OF POLICE OF THE JURISDICTION WHERE THE MOTOR VEHICLE WAS SEIZED INSTEAD OF THE HEAD OF THE OFFICER'S LAW ENFORCEMENT AGENCY, AND TO PROVIDE FOR NOTICE OF FORFEITURE AND SALE OF THE VEHICLE.
Be it enacted by the General Assembly of the State of South Carolina:
Confiscation and forfeiture of motor vehicle
SECTION 1. Section 56-5-6240 of the 1976 Code is amended to read:
"Section 56-5-6240. (A) In addition to the penalties for persons 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 fourth or subsequent violation within the last ten years of operating a motor vehicle while under the influence of intoxicating liquor or drugs (DUI), the persons must have the motor vehicle they drove during this offense forfeited if the offender is the owner of record, or a resident of the household of the owner of record under the terms and conditions as provided in subsections (B) and (C) and must be confiscated by the arresting officer or other law enforcement officer of that agency at the time of arrest, which officer shall deliver it immediately to the sheriff or chief of police of the jurisdiction where the motor vehicle was seized or his authorized agent who by certified mail shall 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 within ten days from the date of receipt of the request. The vehicle must be returned to the owner of record if he can show by a preponderance of the evidence that (1) the use of the vehicle was not either expressly or impliedly authorized, or (2) the owner of record did not know that the driver had no valid license. Forfeiture of a vehicle is subordinate in priority to all valid liens.
The sheriff or chief of police in possession of the vehicle shall provide notice by certified mail of the confiscation to all lienholders of record within ten days of the confiscation.
(B) Upon the conviction of the person driving the vehicle, or upon his plea of guilty or nolo contendere to these offenses, the sheriff or chief of police shall initiate an action in the circuit court of the county in which the vehicle was seized to accomplish forfeiture by giving notice to owners of record, lienholders of record, and other persons claiming an interest in the vehicle subject to forfeiture and by giving these persons an opportunity to appear and show why the vehicle should not be forfeited and disposed of as provided for by this section. Failure of a person claiming an interest in the vehicle to appear at the above proceeding after having been given notice constitutes a waiver of the claim; however, the failure to appear does not in any way alter or affect the claim of a lienholder of record. 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 this section, or returned to the owner of record. The court shall order a vehicle returned to the owner of record if it is shown by a preponderance of the evidence that: (1) the use of the vehicle on the occasion of arrest was not either expressly or impliedly authorized, or (2) the owner of record did not know that the driver had no valid driver's license. Otherwise, the court shall order the vehicle forfeited. Forfeiture of a vehicle is subordinate in priority to all valid liens and encumbrances.
(C) If the person fails to file an appeal within ten days after the conviction, the forfeited vehicle is considered abandoned and must be disposed of as provided by Section 56-5-5640. However, 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."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 15th day of June, 1992.