S.590/H.3968 would:

  • Require the forfeiture process to occur within the criminal case. This legislation would ensure the government proves that the individual whose property was taken was actually convicted of a crime, and that the property seized was the product of, or that it facilitated, that crime.
  • Protect innocent property owners. This legislation would create a process for property owners to challenge a seizure and assert that they did not know or consent to the use of their property in an alleged crime.
  • Bring transparency to the forfeiture process. This legislation would require annual reporting of all seizures and forfeitures and what law enforcement agencies spend forfeiture proceeds on.
  • Restrict the ability to abuse the federal forfeiture programs. This legislation would limit South Carolina law enforcement’s ability to receive proceeds from federal forfeiture actions, which also lack due process protections.

Status

Active

Session

123 (2019-2020)

Bill number

Position

Support