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SC H3068

Bill

Status

Introduced

1/14/2025

Primary Sponsor

Todd Rutherford

Click for details

Origin

House of Representatives

126th General Assembly

AI Summary

  • 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

  • Expands magistrates court jurisdiction to handle forfeiture proceedings when seized property value does not exceed $7,500

  • 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)

  • 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

  • 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

Committee Referrals

Judiciary12/5/2024

Full Bill Text

No bill text available