South Carolina H 3068: Hate Crimes

Bill Text

2025-2026 Bill 3068 Text of Previous Version (Feb. 04, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3068

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING 
SECTION 44-53-520, RELATING TO CONTROLLED SUBSTANCES AND FORFEITURE PROCEDURES 
FOR PROPERTY SEIZED ACCORDINGLY, SO AS TO PROVIDE FOR THE EXPEDITED RETURN OF CERTAIN 
PROPERTY AND MONIES SEIZED WHEN FORFEITURE PROCEEDINGS HAVE NOT BEEN INSTITUTED 
AND CHARGES HAVE NOT BEEN FILED WITHIN THIRTY DAYS OF SEIZURE, TO PROVIDE THAT 
THE LAWFUL OWNER MAY NOT BE REQUIRED TO PROVE THAT THE PROPERTY OR MONIES 
SEIZED WERE LEGALLY ACQUIRED, TO PROHIBIT THE SEIZING AUTHORITY FROM REQUIRING 
A LAWFUL OWNER OF PROPERTY OR MONIES TO SIGN A RELEASE ABSOLVING THE SEIZING 
AUTHORITY FROM CIVIL LIABILITY RELATING TO AN UNLAWFUL SEIZURE BEFORE PROPERTY 
OR MONIES ARE RETURNED, AND TO PROVIDE THAT CRIMINAL CHARGES MAY BE BROUGHT AT 
A LATER DATE IF EVIDENCE WARRANTS; BY AMENDING SECTION 44-53-530, RELATING TO 
CONTROLLED SUBSTANCES AND FORFEITURE PROCEDURES FOR PROPERTY SEIZED 
ACCORDINGLY, SO AS TO ALLOW FORFEITURE PROCEEDINGS TO BE HELD IN MAGISTRATES 
COURT IF THE VALUE OF THE PROPERTY SEIZED DOES NOT EXCEED SEVEN THOUSAND FIVE 
HUNDRED DOLLARS, CHANGE THE METHOD OF ALLOCATING VARIOUS ASSETS OBTAINED 
THROUGH DRUG FORFEITURES SO THAT AFTER THE FIRST ONE THOUSAND DOLLARS RETAINED 
BY THE APPROPRIATE LAW ENFORCEMENT AGENCY, THE REMAINING ASSETS MUST BE 
FORWARDED TO THE PROSECUTING AGENCY, AND MAKE TECHNICAL CHANGES REFLECTING THE 
NEW DISTRIBUTION OF THESE ASSETS; AND BY AMENDING SECTION 44-53-586, RELATING 
TO THE RETURN OF SEIZED ITEMS UNDER DRUG FORFEITURE LAWS TO INNOCENT OWNERS, SO 
AS TO ALLOW PROCEEDINGS TO BE HELD IN MAGISTRATES COURT IF THE VALUE OF THE 
PROPERTY SEIZED DOES NOT EXCEED SEVEN THOUSAND FIVE HUNDRED DOLLARS.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Section 44-53-520 of the S.C. Code is amended to read:

 Section 
44-53-520. (a) The following are 
subject to forfeiture:

 (1) 
all controlled substances which have been manufactured, distributed, dispensed, 
or acquired in violation of this article;

 (2) 
all raw materials, products, and equipment of any kind which are used, or which 
have been positioned for use, in manufacturing, producing, compounding, 
processing, delivering, importing, or exporting any controlled substance in 
violation of this article;

 (3) 
all property which is used, or which has been positioned for use, as a 
container for property described in items (1) or (2);

 (4) 
All property, both real and personal, which in any manner is knowingly used to 
facilitate production, manufacturing, distribution, sale, importation, 
exportation, or trafficking in various controlled substances as defined in this 
article;

 (5) 
all books, records, and research products and materials, including formulas, 
microfilm, tapes, and data which are used, or which have been positioned for 
use, in violation of this article;

 (6) 
all conveyances including, but not limited to, trailers, aircraft, motor 
vehicles, and watergoing vessels which are used or intended for use unlawfully 
to conceal, contain, or transport or facilitate the unlawful concealment, 
possession, containment, manufacture, or transportation of controlled 
substances and their compounds, except as otherwise provided, must be forfeited 
to the State. No motor vehicle may be forfeited to the State under this item 
unless it is used, intended for use, or in any manner facilitates a violation 
of Section 44-53-370(a), involving at least one pound or more of marijuana, one 
pound or more of hashish, more than four grains of opium, more than two grains 
of heroin, more than four grains of morphine, more than ten grains of cocaine, 
more than fifty micrograms of lysergic acid diethylamide (LSD) or its 
compounds, more than ten grains of crack, or more than one gram of ice or 
crank, as defined in Section 44-53-110, or unless it is used, intended for use, 
or in any manner facilitates a violation of Section 44-53-370(e) or fifteen 
tablets, capsules, dosage units, or the equivalent quantity of 3, 
4-methylenedioxymethamphetamine (MDMA);

 (7) 
all property including, but not limited to, monies, negotiable instruments, 
securities, or other things of value furnished or intended to be furnished by 
any person in exchange for a controlled substance, and all proceeds including, 
but not limited to, monies, and real and personal property traceable to any 
exchange;

 (8) 
all monies seized in close proximity to forfeitable controlled substances, drug 
manufacturing, or distributing paraphernalia, or in close proximity to 
forfeitable records of the importation, manufacturing, or distribution of 
controlled substances and all monies se