South Carolina General Assembly
117th Session, 2007-2008

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H. 3435

STATUS INFORMATION

General Bill
Sponsors: Reps. Crawford, Bales and Gullick
Document Path: l:\council\bills\swb\5112cm07.doc

Introduced in the House on February 6, 2007
Currently residing in the House Committee on Judiciary

Summary: DUI

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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    2/6/2007  House   Introduced and read first time HJ-6
    2/6/2007  House   Referred to Committee on Judiciary HJ-6
    2/7/2007  House   Member(s) request name added as sponsor: Gullick

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/6/2007

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

A BILL

TO AMEND SECTION 56-5-6240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORFEITURE, CONFISCATION, AND DISPOSITION OF A VEHICLE SEIZED AS A RESULT OF ITS OPERATOR'S CONVICTION FOR DRIVING WITH A SUSPENDED DRIVER'S LICENSE OR DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS, SO AS TO PROVIDE THAT A PERSON CONVICTED OF DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS WHILE HIS DRIVER'S LICENSE IS SUSPENDED MUST HAVE THE MOTOR VEHICLE HE DROVE WHEN HE COMMITTED THE OFFENSE CONFISCATED.

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

SECTION    1.    Section 56-5-6240(A) of the 1976 Code is amended to read:

"(A)    In addition to the penalties for a person 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 third or subsequent violation within the last ten years of operating a motor vehicle while under the influence of intoxicating liquor or drugs (DUI), or a person convicted of driving under the influence of intoxicating liquor or drugs while his driver's license is suspended, the person must have the motor vehicle he drove during this offense forfeited as provided in subsections (B) and (C) if the person is the registered owner or a resident of the household of the registered owner. The vehicle must be confiscated by the arresting officer or other law enforcement officer of that agency at the time of arrest. The officer shall deliver it immediately to the sheriff, chief of police, or the authorized agent of the sheriff or chief of police, in the jurisdiction where the motor vehicle was confiscated. The sheriff, chief of police, or the authorized agent of the sheriff or chief of police shall by certified mail 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. The hearing must be held within ten days from the date of receipt of the request. The purpose of the hearing is to determine if there is a preponderance of the evidence that (1) the use of the vehicle on the occasion of the arrest was not expressly or impliedly authorized, or (2) the registered owner did not know that the driver did not possess a valid license. If the requisite showing is made, the vehicle must be returned to the registered owner. The vehicle confiscated pursuant to this section may be returned to the registered owner upon petition to the court by the law enforcement agency confiscating the vehicle if the criminal charge has not been disposed of within twelve months of the date of confiscation. If the registered owner of the vehicle does not remove the vehicle from law enforcement's possession within ten days of service of the court order allowing the return, law enforcement may dispose of the vehicle as provided in subsection (C). The sheriff or chief of police in possession of the vehicle must provide notice by certified mail of the confiscation to all lienholders of record within ten days of the confiscation."

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

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