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SC S0726

SC S0726
Civil Asset Forfeiture


summary

Introduced
01/13/2026
In Committee
01/13/2026
Crossed Over
Passed
Dead

Introduced Session

126th General Assembly

Bill Summary

Amend The South Carolina Code Of Laws By Amending Section 44-53-520, Relating To Forfeitures, So As To Include That More Than Two Grains Of Fentanyl Or A Fentanyl-related Must Be Found For A Motor Vehicle To Be Subject To Civil Forfeiture.

AI Summary

This bill amends South Carolina's civil asset forfeiture law to modify the conditions under which a motor vehicle can be seized in drug-related cases. Specifically, the bill adjusts the existing provision that allows law enforcement to forfeit vehicles involved in drug offenses by changing the threshold for fentanyl-related substances from an unspecified amount to more than two grains. Civil asset forfeiture is a legal process that allows law enforcement to seize property believed to be connected to criminal activity, even if the owner has not been convicted of a crime. The bill maintains the existing provisions that allow for the forfeiture of controlled substances, manufacturing equipment, conveyances, and other property used in drug-related offenses, but narrows the criteria for motor vehicle seizures in cases involving fentanyl. This change potentially provides some additional protection for vehicle owners by raising the quantity of fentanyl that must be present to trigger vehicle forfeiture, which could help prevent seizures for very small quantities of the drug. The bill will take effect upon the Governor's approval.

Committee Categories

Justice

Sponsors (1)

Last Action

Referred to Committee on Judiciary (on 01/13/2026)

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