Bill H. 3068 proposes significant amendments to 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, relieving lawful owners from the burden of proving ownership legality or signing liability waivers. The bill also allows forfeiture proceedings for property valued at $7,500 or less to be conducted in magistrates court, streamlining the process for innocent owners to reclaim their property.

Additionally, the bill modifies the allocation of assets obtained through drug forfeitures, ensuring that after the first $1,000 is retained by law enforcement, the remaining funds are forwarded to the prosecuting agency. It mandates documentation and public availability of all forfeited property and outlines strict procurement procedures for expenditures from these accounts. The bill clarifies the application process for innocent owners to reclaim seized items, establishing criteria for demonstrating innocence and preserving any liens recorded by innocent parties. 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