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 be required 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 from forfeited assets, the remaining funds must be forwarded to the prosecuting agency.

The bill also amends Section 44-53-520 to enhance transparency and accountability in the handling of forfeited property by requiring documentation and public availability of forfeited assets, as well as adherence to procurement procedures for expenditures. It allows law enforcement to maintain a confidential financial account for investigative purposes, subject to strict auditing. Furthermore, it outlines the process for innocent owners or licensed rental agency managers to apply for the return of seized items, establishing conditions for the court's return of property and ensuring that any liens recorded by innocent parties remain effective even after the transfer of title of forfeited items, provided they can demonstrate their lack of involvement in the seizure.

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