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Bill 4438

Indicates Matter Stricken
Indicates New Matter

Indicates Matter Stricken

Indicates New Matter

AMENDED

January 31, 2008

H. 4438

S. Printed 1/31/08--H.

Read the first time January 9, 2008.

TO AMEND SECTION 17-15-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF FUNDS COLLECTED PERTAINING TO BAIL AND RECOGNIZANCE, SO AS TO PROVIDE THAT TWENTY-FIVE PERCENT OF THE FUNDS COLLECTED MUST BE REMITTED TO THE PROSECUTING AGENCY RATHER THAN THE SOLICITOR'S OFFICE IN THE COUNTY IN WHICH THE FORFEITURE IS ORDERED.

Amend Title To Conform

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

SECTION    1.    Section 17-15-260 of the 1976 Code is amended to read:

"Section 17-15-260.    (A)    The funds collected pursuant to this chapter must be remitted in the following manner: twenty-five percent to the general fund of the State, twenty-five percent to the solicitor's office in the county in which the forfeiture is ordered, or to the Attorney General's office if it is the prosecuting agency, and fifty percent to the county general fund of the county in which the forfeiture is ordered.

(B)    However, if the case in which forfeiture is ordered is originated by a municipality, the funds collected pursuant to this chapter must be remitted in the following manner: twenty-five percent to the general fund of the State, twenty-five percent to the solicitor's office in the county in which the forfeiture is ordered, or to the Attorney General's office if it is the prosecuting agency, and twenty-five percent to the county general fund of the county in which the forfeiture is ordered, and twenty-five percent to the municipality.

(C)    All funds to be deposited in the state general fund shall must be transmitted to the State Treasurer."

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

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