Current Status Introducing Body:House Bill Number:3046 Primary Sponsor:T.C. Alexander Committee Number:25 Type of Legislation:GB Subject:Bad checks, restitution Residing Body:House Current Committee:Judiciary Companion Bill Number:233 Computer Document Number:JIC/5067SD.93 Introduced Date:19930112 Last History Body:House Last History Date:19930112 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:T.C. Alexander M.O. Alexander Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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3046 House 19930112 Introduced, read first time, 25
referred to Committee
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TO AMEND SECTION 34-11-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FRAUDULENT CHECKS, SO AS TO PROVIDE THAT THE PRESIDING JUDGE SHALL ALSO REQUIRE RESTITUTION WITHIN TEN DAYS OF THE SENTENCE IN ADDITION TO ANY OTHER PENALTIES IMPOSED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 34-11-90(c) and (d) of the 1976 Code are amended to read:
"(c) After a first offense conviction for drawing and uttering a fraudulent check or other instrument in violation of Section 34-11-60 within its jurisdiction, the court shall, at the time of sentence, suspend the imposition or execution of a sentence upon a showing of satisfactory proof of restitution and payment by the defendant of all reasonable court costs accruing not to exceed twenty dollars require restitution within ten days of the sentence in addition to the other penalties authorized by this section. The restitution must be in an amount determined by the court and failure to make restitution as required by the court is punishable as contempt. For a second and subsequent convictions for violation of Section 34-11-60, the suspension of the imposition or execution of the sentence shall be discretionary with the court.
(d) After a conviction or plea for drawing and uttering a fraudulent check or other instrument in violation of Section 34-11-60 and the defendant is charged or fined, he shall pay, in addition to the fine and restitution, all reasonable court costs accruing, not to exceed twenty dollars, and the service charge provided in Section 34-11-70."
SECTION 2. This act takes effect upon approval by the Governor.