Asset Forfeiture and Private Property Protection Act

A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 TO TITLE 17 SO AS TO ENACT THE "ASSET FORFEITURE AND PRIVATE PROPERTY PROTECTION ACT", TO DEFINE NECESSARY TERMS, TO ESTABLISH THAT CERTAIN PROPERTY IS SUBJECT TO FORFEITURE AFTER CRIMINAL CONVICTION, TO ALLOW THE STATE TO PETITION FOR SUBSTITUTE PROPERTY IN CERTAIN CIRCUMSTANCES, TO ESTABLISH WHEN A STATE ENTITY MAY TRANSFER A CRIMINAL INVESTIGATION TO THE FEDERAL GOVERNMENT, TO REQUIRE PROPERTY SUBJECT TO FORFEITURE TO BE IDENTIFIED IN AN INDICTMENT OR BY INFORMATION IN THE COURT AMONG OTHER THINGS, TO ESTABLISH WHEN PROPERTY MAY BE SEIZED OTHER THAN THROUGH A FORFEITURE ORDER, TO REQUIRE THE LAW ENFORCEMENT OFFICER WHO SEIZES PROPERTY TO GIVE AN ITEMIZED RECEIPT OF THE PROPERTY SEIZED, TO GRANT PROVISIONAL TITLE TO THE STATE AT THE TIME OF SEIZURE AND TO DEFINE WHAT RECORDS MUST BE KEPT, TO ALLOW FOR THE OWNER OF SEIZED PROPERTY TO POST BOND OR GIVE SUBSTITUTE PROPERTY IN CERTAIN CIRCUMSTANCES, TO PROVIDE THAT A PERSON WITH AN INTEREST IN SEIZED PROPERTY MAY PETITION THE ATTORNEY GENERAL TO REMIT OR MITIGATE PROPERTY IN CERTAIN CIRCUMSTANCES, TO PROVIDE THAT A DEFENDANT MAY MOVE TO SEPARATE THE TRIAL OF THE ALLEGED CRIME AND FORFEITURE AND DESIGNATE CERTAIN PROCEDURES AND RULES FOR THE TRIALS, TO ALLOW A PROPERTY OWNER TO APPEAL A FORFEITURE ON THE GROUNDS THAT IT IS UNCONSTITUTIONALLY EXCESSIVE, TO ESTABLISH THAT A BONA FIDE SECURITY INTEREST IS NOT SUBJECT TO FORFEITURE EXCEPT IN CERTAIN CIRCUMSTANCES, TO REQUIRE THE STATE TO MAKE REASONABLE EFFORTS TO NOTIFY INNOCENT THIRD PARTIES WHO MAY HAVE AN INTEREST IN FORFEITED PROPERTY AMONG OTHER THINGS, TO PROHIBIT THE FORFEITURE OF PROPERTY OF AN INNOCENT PARTIAL OR JOINT OWNER AND TO ESTABLISH STANDARDS THAT THE STATE MUST OVERCOME TO ALLOW THE PROPERTY TO BE FORFEITED, TO REQUIRE THE STATE TO RETURN SEIZED PROPERTY TO THE OWNER WITHIN THREE BUSINESS DAYS UNDER CERTAIN CIRCUMSTANCES, TO ESTABLISH HOW FORFEITED PROPERTY IS TO BE DISBURSED, AND TO REQUIRE ALL STATE LAW ENFORCEMENT AGENCIES TO SUBMIT ANNUAL SEIZURE AND FORFEITURE REPORTS TO THE OFFICE OF THE ATTORNEY GENERAL AND TO INSTRUCT THE DEPARTMENT TO DEVELOP FORMS AND PROCESSES FOR THE LAW ENFORCEMENT AGENCIES.