The 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, ensuring that lawful owners do not have to prove ownership for the return of their property. Additionally, it allows forfeiture proceedings for property valued at $7,500 or less to be conducted in magistrates court. The bill also modifies the allocation of assets from drug forfeitures, requiring that after the first $1,000 is retained by law enforcement, the remaining funds be forwarded to the prosecuting agency.

Further amendments enhance the documentation and expenditure processes for forfeited property, mandating public availability of documentation and adherence to procurement procedures for expenditures. The bill clarifies the court jurisdiction for forfeiture proceedings and outlines the process for innocent owners or licensed rental agency managers to reclaim seized items, establishing conditions under which property may be returned. It provides a presumption of innocence for licensed rental agencies if they can demonstrate that they were unaware of any illegal use of the property, while ensuring that any liens recorded by innocent parties remain effective even after the transfer of title of forfeited items.

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