South Carolina General Assembly
116th Session, 2005-2006

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Indicates Matter Stricken
Indicates New Matter

H. 3125

STATUS INFORMATION

General Bill
Sponsors: Reps. Harrison and Toole
Document Path: l:\council\bills\bbm\10463mm05.doc

Introduced in the House on January 11, 2005
Currently residing in the House Committee on Judiciary

Summary: Provisions for issuing a warrant for fraudulent check or draft

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/8/2004  House   Prefiled
   12/8/2004  House   Referred to Committee on Judiciary
   1/11/2005  House   Introduced and read first time HJ-90
   1/11/2005  House   Referred to Committee on Judiciary HJ-90

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/8/2004

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 34-11-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO DRAWING AND UTTERING A FRAUDULENT CHECK, DRAFT, OR OTHER WRITTEN ORDER, SO AS TO REQUIRE THAT THE ITEM BE POSTED ON ITS FACE WITH THE DATE IT IS RECEIVED AND TO REQUIRE THAT A WARRANT BE ISSUED ON THE FRAUDULENT ITEM WITHIN ONE HUNDRED EIGHTY DAYS OF THE RECEIPT DATE, NOT COUNTING THE TIME IT IS IN THE POSSESSION OF THE MAGISTRATE PENDING ISSUANCE OF THE WARRANT.

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

SECTION    1.    Section 34-11-60(e) of the 1976 Code, as last amended by Act 87 of 1999, is further amended to read:

"(e)    A fraudulent check, draft, or other written order delivered by the person receiving the check, draft, or other written order to a magistrate for the purpose of obtaining a warrant, must be posted on its face with the date it was received by that person. No A warrant for a violation of this section may not be obtained more than one hundred eighty days after the date the check, draft, or other written order was uttered received by the person seeking the warrant. The one hundred eighty days does not include the time the check, draft, or other written order is in the possession of the magistrate pending issuance of a warrant."

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

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