Bill 3486

                    Current Status

Bill Number:                    3486
Ratification Number:            249
Act Number:                     235
Type of Legislation:            General Bill GB
Introducing Body:               House
Introduced Date:                19950202
Primary Sponsor:                Tripp
All Sponsors:                   Tripp, Cromer, Sandifer,
                                Cobb-Hunter, Baxley, Kennedy, Wright,
                                Tucker, Bailey, Stille, Littlejohn,
                                Robinson, Richardson, Huff, Lanford,
                                Wilder, Jaskwhich, Shissias, Vaughn,
                                Simrill, Wells, Trotter, Whatley,
                                Stuart, Rhoad, Govan, Easterday,
                                Seithel, Allison, D. Smith, Cotty,
                                Gamble, Limehouse, A. Young, Koon,
                                J. Harris, Harrison, Fleming, Harvin,
                                Mason, Kirsh, Rice, Marchbanks, Carnell,
                                Meacham, Haskins, Harrell, Cain and
                                Jennings 
Drafted Document Number:        gjk\21231sd.95
Date Bill Passed both Bodies:   19960213
Date of Last Amendment:         19960201
Governor's Action:              S
Date of Governor's Action:      19960304
Subject:                        Checks, fraudulent

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19960313  Act No. A235
------  19960304  Signed by Governor
------  19960227  Ratified R249
House   19960213  Concurred in Senate amendment, 
                  enrolled for ratification
House   19960208  Debate adjourned on Senate
                  amendments until Tuesday,
                  19960213
Senate  19960206  Read third time, returned to House
                  with amendment
Senate  19960201  Amended, read second time, 
                  ordered to third reading 
                  with notice of general amendments
Senate  19960131  Committee report: Favorable with         11 SJ
                  amendment
Senate  19950411  Introduced, read first time,             11 SJ
                  referred to Committee
House   19950406  Read third time, sent to Senate
House   19950405  Read second time
House   19950404  Debate adjourned until
                  Wednesday, 19950405
House   19950404  Amended
House   19950329  Committee report: Favorable with         25 HJ
                  amendment
House   19950202  Introduced, read first time,             25 HJ
                  referred to Committee

(A235, R249, H3486)

AN ACT TO AMEND SECTION 34-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRAWING AND UTTERING OF FRAUDULENT CHECKS, DRAFTS, OR OTHER WRITTEN ORDERS, SO AS TO PROVIDE THAT THE SECTION DOES APPLY TO ANY CHECK GIVEN IN FULL OR PARTIAL PAYMENT OF A PREEXISTING DEBT WHICH RESULTED FROM A REVOLVING CREDIT ACCOUNT WHICH IS NOT A CONSUMER CREDIT TRANSACTION, AND TO PROVIDE THAT FAILURE OF THE PERSON RECEIVING A CHECK TO OBTAIN CERTAIN INFORMATION SHALL NOT WARRANT DISMISSAL OF PROSECUTION, BUT THE PERSON BRINGING THE ACTION HAS THE BURDEN OF PROVING THAT THE DEFENDANT SIGNED OR ENDORSED THE CHECK AND PRESENTED IT IN PAYMENT OF A DEBT OR OBLIGATION.

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

Application of section revised

SECTION 1. Section 34-11-60(b) of the 1976 Code is amended to read:

"(b) In any prosecution or action under the provisions of this section, a check, draft, or other written order for which the information required in item (1) of this subsection is available at the time of issuance shall constitute prima facie evidence of the identity of the party issuing the check, draft, or other written order and that such person was a party authorized to draw upon the named account. The failure of the person receiving the check to obtain the information specified in items (1) or (2) of this subsection shall not warrant dismissal of a prosecution or other action brought pursuant to this section, but the party bringing the action shall in such circumstances have the burden of proving that the defendant signed or endorsed the check and presented it in payment of some debt or other obligation.

(1) To establish this prima facie evidence, the full name, residence address, and home telephone number of the person presenting the check, draft, or other written order shall be obtained by the party receiving the instrument. This information may be provided by having the information recorded on the check or instrument itself, or the number of a check-cashing identification card issued by the receiving party may be recorded on the check. The check-cashing identification card shall be issued only after the full name, residence address, and home telephone number of the person presenting the check, draft, or other written order has been placed on file by the receiving party.

(2) In addition to the information required in item (1) of this subsection, the party receiving a check shall witness the signature or endorsement of the party presenting the check and as evidence of such, the receiving party shall initial the check. Validation by a bank teller machine shall constitute compliance with this item."

No dismissal of action; burden of proof

SECTION 2. Section 34-11-60(d) of the 1976 Code, as last amended by Act 669 of 1988, is further amended to read:

"(d) The word `credit' as used in this section means securing further advances of money, goods, or services by means of a check, draft, or other written order, given in whole or in part payment of a then existing account. Payment for meals, lodging, or other goods or services at any hotel, motel, or other hostelry by means of a check, draft, or other written order at any time prior to or upon departure or checkout from the hostelry must be construed as obtaining those goods or services by means of such check, draft, or other written order for the purposes of this section. This section does not apply to any check given only in full or partial payment of a preexisting debt unless given to satisfy a preexisting debt which resulted from a revolving credit account which is not a consumer credit transaction as defined in Section 37-1-301(11), to the giving of any check, draft, or other written order where the payee knows, has been expressly notified, or has reason to believe that the drawer did not have an account or have on deposit with the drawee sufficient funds to ensure payment of the check, nor to any check which has not been deposited to an account of the payee within a period of ten days from the date the check was presented to the payee. It is also unlawful for any person to induce, solicit, or to aid and abet any other person to draw, make, utter, issue, or deliver to any person including himself any check, draft, or other written order on any bank or depository for the payment of money or its equivalent, being informed, knowing, or having reasonable cause for believing at the time of the inducing, soliciting, or the aiding and abetting that the maker or the drawer of the check, draft, or other written order has not sufficient funds on deposit in, or an account with, the bank or depository with which to pay the same upon presentation."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 4th day of March, 1996.