South Carolina General Assembly
119th Session, 2011-2012

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Bill 4439


Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-13-180 SO AS TO PROVIDE THAT ANY PROPERTY SEIZED BY A LAW ENFORCEMENT AGENCY PURSUANT TO OR WITHOUT A WARRANT MUST BE RETURNED TO ITS LAWFUL OWNER WITHIN THIRTY DAYS OF ITS SEIZURE UNLESS A COURT DETERMINES THAT PROBABLE CAUSE EXISTS TO ALLOW THE LAW ENFORCEMENT AGENCY TO MAINTAIN POSSESSION OF THE PROPERTY.

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

SECTION    1.    Chapter 13, Title 17 of the 1976 Code is amended by adding:

"Section 17-13-180.    Any property seized by a law enforcement agency pursuant to or without a warrant must be returned to its lawful owner within thirty days of its seizure unless a court determines that probable cause exists to allow the law enforcement agency to maintain possession of the property."

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

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This web page was last updated on November 29, 2011 at 5:11 PM