(A) Notwithstanding any other provision of law or rule of civil procedure, an eligible person has the right to bring a civil action in a court of competent jurisdiction to recover money damages from an offender or the legal representative of that offender within three years of the discovery of the existence of any profits from the crime. Damages awarded in this action are recoverable only up to the value of the profits from the crime.
(B) If an action is filed under this article after the expiration of all other applicable statutes of limitation, any other eligible person must file an action for damages as a result of the crime within three years of:
(1) the actual discovery of the existence of the profits from the crime; or
(2) actual notice received from or notice published by the office of the discovery of the existence of profits, whichever is later.
(C) If profits from a crime remain after the payment of all claims made under this article, the office has the right to bring an action in a court of competent jurisdiction against an offender or the legal representative of that offender within two years of the discovery of the existence of any profits to recover payments made by the office pursuant to Article 13, Chapter 3 of Title 16 and expenses incurred by the office pursuant to Article 13, 14, or 15 of Chapter 3 of Title 16 or Section 24 of Article 1 of the South Carolina Constitution with regard to the crime or the offender in question.
HISTORY: 2000 Act No. 306, Section 4.
Structure South Carolina Code of Laws
Title 17 - Criminal Procedures
Chapter 25 - Judgment And Execution
Section 17-25-10. No person shall be punished until legally convicted.
Section 17-25-20. Punishment for felony when not specially provided.
Section 17-25-30. Sentence when no punishment is provided.
Section 17-25-45. Life sentence for person convicted for certain crimes.
Section 17-25-50. Considering closely connected offenses as one offense.
Section 17-25-65. Reduction of sentence for substantial assistance to the State; motion practice.
Section 17-25-100. Suspension of sentence in misdemeanor cases.
Section 17-25-110. Suspension of sentence shall run for period of time prescribed by judge.
Section 17-25-120. Restitution of stolen goods.
Section 17-25-137. Liability of court imposing alternative sentence.
Section 17-25-140. Definitions.
Section 17-25-160. Funds for implementing program.
Section 17-25-310. Opening and enforcement of sealed sentences upon arrest.
Section 17-25-320. Enforcement of sentence and judgment against corporations.
Section 17-25-324. Restitution to secondary victims and third-party payees; reports.
Section 17-25-330. Execution on forfeited recognizance or for fine.
Section 17-25-340. When offender may be committed to jail; privilege of insolvent debtors.
Section 17-25-350. Schedule for payment of fine by indigent; consequences of failure to comply.
Section 17-25-380. Number of copies and form of notice under Section 17-25-370.
Section 17-25-390. Acknowledgment of receipt of notice.
Section 17-25-400. Service of notice on prisoner.
Section 17-25-500. Title of act.
Section 17-25-510. Definitions.
Section 17-25-520. Notice of payment of profit from crime; notification of victims.
Section 17-25-560. Obligation to report knowledge of profit from crime.
Section 17-25-570. Action by offender to defeat purpose of article null and void.