The bill H. 3068 amends the South Carolina Code of Laws concerning controlled substances and the forfeiture of property linked to drug-related offenses. Key provisions include the expedited return of seized property and money if forfeiture proceedings are not initiated within thirty days, ensuring that lawful owners do not have to prove ownership for the return of their property. The bill also allows forfeiture proceedings for property valued at $7,500 or less to be conducted in magistrates' court. Additionally, it specifies that after retaining the first $1,000 from forfeited assets, law enforcement agencies must forward the remaining funds to the prosecuting agency, thereby streamlining the forfeiture process and enhancing protections for property owners.

Further amendments focus on the documentation and expenditure of forfeited property, requiring law enforcement to maintain public records and adhere to procurement procedures. The bill establishes a process for innocent owners and licensed rental agency managers to apply for the return of seized items, with conditions that must be met to prove their lack of involvement in the seizure. It also ensures that any liens recorded in public records remain effective after the transfer of title of forfeited items, provided the lienholder can demonstrate their non-involvement. The act will take effect upon the Governor's approval.

Statutes affected:
12/05/2024: 44-53-520, 44-53-530, 44-53-586
02/04/2025: 44-53-520, 44-53-530, 44-53-586
Latest Version: 44-53-520, 44-53-530, 44-53-586