South Carolina General Assembly
114th Session, 2001-2002

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Bill 3224


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      3224
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20010110
Primary Sponsor:                  Altman
All Sponsors:                     Altman, Knotts
Drafted Document Number:          l:\council\bills\pt\1087cm01.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Date of Last Amendment:           20010222
Subject:                          Prostitution, cash confiscated when 
                                  arrested for; forfeiture procedure provided; 
                                  Crimes and Offenses


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20010227  Introduced, read first time,           11 SJ
                  referred to Committee
House   20010223  Read third time, sent to Senate
------  20010223  Scrivener's error corrected
House   20010222  Read second time, unanimous
                  consent for third reading on 
                  Friday, 20010223
House   20010222  Amended
House   20010214  Co-Sponsor added (Rule 5.2) by Rep.            Knotts
House   20010213  Request for debate by Representative           Knotts
                                                                 Parks
                                                                 McLeod
                                                                 Kennedy
                                                                 Ott
                                                                 Hosey
                                                                 Clyburn
                                                                 Lloyd
                                                                 Whatley
                                                                 Bingham
                                                                 Mack
                                                                 Gourdine
House   20010207  Committee report: Favorable with       25 HJ
                  amendment
House   20010110  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill
Revised on February 7, 2001 - Word format
Revised on February 22, 2001 - Word format
Revised on February 23, 2001 - Word format

View additional legislative information at the LPITS web site.


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

Indicates Matter Stricken

Indicates New Matter

AMENDED

February 22, 2001

    H. 3224

Introduced by Reps. Altman and Knotts

S. Printed 2/22/01--H.    [SEC 2/23/01 12:45 PM]

Read the first time January 10, 2001.

            

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-115 SO AS TO PROVIDE A FORFEITURE PROCEDURE WITH RESPECT TO CASH THAT IS CONFISCATED FROM A PERSON ARRESTED FOR A PROSTITUTION VIOLATION; AND TO AMEND SECTION 16-15-110, RELATING TO PENALTIES FOR PROSTITUTION VIOLATIONS, SO AS TO PROVIDE THAT CASH CONFISCATED PURSUANT TO AN ARREST FOR PROSTITUTION IS SUBJECT TO FORFEITURE.

    Amend Title To Conform

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

SECTION    1.    The 1976 Code is amended by adding:

    "Section 16-15-115.    (A)    Forfeiture of cash as provided by this section must be accomplished by petition of the circuit solicitor or his designee to the court of common pleas for the jurisdiction where the cash was seized if the criminal violation giving rise to the confiscation is within the jurisdiction of the circuit court. The circuit court in turn shall transfer the forfeiture matter to the chief magistrates court within that county for disposition in the manner provided by this section, unless the circuit court hears or will hear the forfeiture matter immediately following disposal of the underlying criminal matter. The magistrates court is vested with jurisdiction to hear and determine such matters. If the criminal violation giving rise to the confiscation is within the jurisdiction of the magistrates court, the forfeiture matter also shall be heard in that court and the petition for forfeiture filed therein. The petition must be submitted to the court within a reasonable period following seizure and must contain the facts upon which the seizure was made. The petition shall identify all persons known to the petitioner to have interests in the property. A copy of the petition must be sent to each law enforcement agency which has notified the petitioner of its involvement in effecting the seizure. Notice of hearing or rule to show cause must be directed to all persons with interests in the cash listed in the petition, including law enforcement agencies which have notified the petitioner of their involvement in effecting the seizure.

    (B)    The judge shall determine whether the cash is subject to forfeiture and order the forfeiture confirmed. If there is a dispute regarding the division of the cash among participating law enforcement agencies, it must be determined by the judge.

    (C)    A forfeiture may be effected by consent order approved by the court without filing or serving pleadings or notices provided, that all persons with an interest in the cash, including participating law enforcement agencies, entitled to notice under this section, consent to the forfeiture. Disposition of the cash may be accomplished by consent of the petitioner and the agencies involved.

    (D)    All cash forfeited will be deposited in the General Fund to be distributed as follows:

        (1)    seventy-five percent to the law enforcement agency or agencies;

        (2)    twenty-five percent to the prosecuting agency."

SECTION    2.    Section 16-15-110 of the 1976 Code is amended to read:

    "Section 16-15-110.    Any A person violating any a provision of Sections 16-15-90 and 16-15-100 must, upon conviction, be punished as follows:

    (1)    for the first offense, a fine not exceeding two hundred dollars or confinement in prison for a period of not more than thirty days;

    (2)    for the second offense, a fine not exceeding one thousand dollars or imprisonment for not exceeding six months, or both;

    (3)    for the third or any subsequent offense, a fine not exceeding three thousand dollars or imprisonment for not less than one year, or both.

    In addition to the penalties contained in this provision, all cash confiscated pursuant to an arrest of a person violating a provision of Sections 16-15-90 and 16-15-100 is subject to the forfeiture provisions contained in Section 16-15-115."

SECTION    3.    This act takes effect upon approval by the Governor.

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