The bill H. 3068 seeks to amend the South Carolina Code of Laws concerning controlled substances and the forfeiture of property linked to drug-related offenses. It introduces provisions for the expedited return of seized property and money if no forfeiture proceedings or criminal charges are initiated within thirty days. Lawful owners will not need to prove their ownership legality for the return of their property and cannot be forced to sign releases that absolve the seizing authority of civil liability for unlawful seizures. Additionally, the bill allows forfeiture proceedings for property valued at $7,500 or less to be conducted in magistrates' court and mandates that after the first $1,000 retained by law enforcement, remaining assets from drug forfeitures must be forwarded to the prosecuting agency.

The bill also includes amendments to ensure that all forfeited property is documented and available for public request, with expenditures from these accounts following established procurement procedures. It allows law enforcement to maintain a confidential financial account for investigative purposes, subject to strict auditing. The process for innocent owners or licensed rental agency managers to apply for the return of seized items is clarified, with provisions that protect those who can demonstrate they had no knowledge of the illegal use of the property. The act will take effect upon the Governor's approval, enhancing protections for lawful property owners while streamlining the forfeiture process.

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