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SC H3068
Bill
Status
1/14/2025
Primary Sponsor
Todd Rutherford
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AI Summary
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Requires seized property and money to be returned within 30 days if no forfeiture proceedings are instituted and no criminal charges are filed, without requiring the owner to prove legal acquisition or sign liability releases
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Expands magistrates court jurisdiction to handle forfeiture proceedings when seized property value does not exceed $7,500
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Changes allocation of forfeited drug assets: after the first $1,000 retained by the seizing law enforcement agency, all remaining proceeds must be forwarded to the prosecuting agency (eliminating the previous 75%/20%/5% split between law enforcement, prosecutors, and state general fund)
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Preserves law enforcement's ability to bring criminal charges at a later date even after property is returned under the 30-day rule, if evidence warrants
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Maintains existing requirements for seizure reports, property documentation, and restrictions against using forfeited funds to supplant operating budgets
Legislative Description
Controlled substances, revised forfeiture procedures
Last Action
Scrivener's error corrected
2/4/2025