TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 31, TITLE 23 SO AS TO PROVIDE THAT A FIREARM USED IN THE COMMISSION OF AN ALLEGED MURDER MUST BE RETURNED TO ITS OWNER UNDER CERTAIN CIRCUMSTANCES.

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

SECTION    1.    Chapter 31, Title 23 of the 1976 Code is amended by adding:

Section 23-31-710.    A law enforcement agency or clerk of court that possesses a firearm used in the commission of an alleged murder must return the firearm to its owner if the owner is found to be either not guilty of the murder or is not charged with the commission of the alleged crime, and the firearm is not needed as part of an active criminal investigation."

SECTION    2.    This act takes effect upon approval by the Governor.