S0877 creates a new article in Title 17 of the South Carolina Code dealing with “profits from a crime.” It defines key terms such as “crime,” “convicted,” “profits from a crime,” and “statutory victim,” and it applies to felony offenses with a statutory victim. The bill is aimed at capturing money or property a convicted person earns or receives from the crime itself, including proceeds from sales, conversions, exchanges, or notoriety tied to the offense.
The bill establishes a state priority lien on those profits that attaches at the time of conviction in circuit court. The lien applies not only to money owed directly to the convicted person, but also to funds transferred or assigned to others on the person’s behalf. If the conviction is appealed, the funds are to be held in an escrow trust account managed through the Attorney General’s Crime Victim Services Division.
The bill directs how the seized or held proceeds must be distributed. First, 50% goes to statutory victims or their dependents, up to the amount of their damages as determined in lien enforcement proceedings; if there are no qualifying victims or the damages are less than that amount, the money goes to the state crime victim compensation fund. Second, the bill requires payment of prosecution-related costs and incarceration or supervision costs, which are deposited into the General Revenue Fund. Any remaining funds are also directed to the crime victim compensation fund.
The bill also authorizes and directs the Office of the Attorney General to take whatever legal action is necessary to perfect and enforce the lien. In practical terms, the measure would expand the state’s ability to intercept and redirect criminal proceeds away from convicted offenders and toward victims, victim compensation, and public costs associated with prosecution and incarceration.
There is no recorded committee transcript or vote history in the provided material, so the overall sentiment cannot be measured from debate or roll call data. Based on the bill text alone, the measure appears designed to support victims and recover public costs, but it may raise legal and policy questions about lien priority, due process, and the treatment of third-party transferees or proceeds tied to expressive works or notoriety-based earnings.
If enacted, the bill would add a new statutory framework in Chapter 25 of Title 17 governing liens on criminal proceeds. It would give the state a first-priority lien on profits from qualifying felony crimes, authorize escrow of disputed funds during appeal, and require courts and the Attorney General to participate in enforcement. The measure would affect convicted persons, third parties who receive transferred proceeds, statutory victims and their dependents, the South Carolina Crime Victim Compensation Fund, the Attorney General’s Office, and state and local agencies seeking reimbursement for prosecution and incarceration costs.
No committee discussion or voting record was provided, so there is no direct evidence of support or opposition from legislators in the available materials. The bill’s structure suggests a victim-centered and fiscally recoverable approach, which may appeal to lawmakers focused on restitution and public cost recovery. At the same time, the absence of recorded debate means any concerns about implementation, constitutional issues, or scope are not reflected in the provided history.
The main potential points of contention are the breadth of the definition of “profits from a crime,” the priority of the state’s lien over all other liens, and the inclusion of proceeds transferred to others or generated through notoriety-related works. Opponents could question whether the bill reaches too broadly into speech-related or third-party assets, while supporters are likely to emphasize victim compensation and reimbursement of public costs. The bill also raises possible concerns about how damages are determined in lien enforcement proceedings and how funds are handled during appeals.