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H. 4380
STATUS INFORMATION
General Bill
Sponsors: Rep. G.M. Smith
Document Path: l:\council\bills\agm\18954mm08.doc
Introduced in the House on January 8, 2008
Currently residing in the House Committee on Judiciary
Summary: Fraudulent check
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/12/2007 House Prefiled
12/12/2007 House Referred to Committee on Judiciary
1/8/2008 House Introduced and read first time HJ-53
1/8/2008 House Referred to Committee on Judiciary HJ-53
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 34-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING AND UTTERING A FRAUDULENT CHECK, DRAFT, OR OTHER WRITTEN ORDER, SO AS TO EXTEND THE TIME FOR PRESENTMENT FROM TEN DAYS TO TWENTY-FIVE DAYS, TO PROVIDE THAT THE DRAWEE OF THE CHECK, DRAFT, OR OTHER WRITTEN ORDER HAS THE BURDEN OF PROVING THE DATE IT WAS PRESENTED, AND TO PROVIDE THAT THE POSTMARK ON AN ENVELOPE DELIVERING THE CHECK, DRAFT, OR OTHER WRITTEN ORDER BY MAIL IS PRIMA FACIE EVIDENCE OF THE DATE OF ITS PRESENTMENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 34-11-60(c) and (d) of the 1976 Code, as last amended by Act 87 of 1999, is further amended to read:
"(c)(1) It shall be is the duty of the drawee of any check, draft, or other written order, before refusing to pay the same to the its holder thereof upon presentation, to cause to be written, printed, or stamped in plain language thereon on its face or attached thereto to it, the reason for drawee's dishonor or refusal to pay same. In all prosecutions under pursuant to this section, the introduction in evidence of any unpaid and dishonored check, draft, or other written order, having the drawee's refusal to pay stamped or written thereon on its face, or attached thereto to it, with the reason therefor as aforesaid, shall be for the refusal is prima facie evidence of the making or uttering of such the check, draft, or other written order, and the due presentation to the drawee for payment and the its dishonor thereof, and that the same it was properly dishonored for the reasons written, stamped, or attached by the drawee on such the dishonored check, draft, or other written order; and, as against the maker or drawer thereof of it, the withdrawing from deposit with the drawee named in the check, draft, or other written order, the funds on deposit with such the drawee necessary to insure ensure payment of such the check, draft, or other written order upon presentation within ten twenty-five days after negotiation; or the drawing, making, uttering, or delivering of a check, draft, or written order, payment of which is refused by the drawee, shall be is prima facie evidence of knowledge of insufficient funds in or credit with such the drawee; provided, however, if . If it is determined at the trial in a prosecution hereunder pursuant to this section, that the payee of any such the check, draft, or written order at the time of accepting such the check, draft, or written order, had knowledge of or reason to believe that the drawer of such the check, draft, or other written order did not have sufficient funds on deposit in or credit with such the drawee, then the payee instituting such the criminal prosecution shall must be assessed all costs of court incurred in connection with such the prosecution.
(2) The burden is on the drawee to prove the date of presentment of the check, draft, or other written order for purposes of establishing the running of the twenty-five days. If the check, draft, or other written order was delivered to the drawee by United States mail, the postmark stamped on the envelope delivering it is prima facie evidence of the date of its presentment.
(d)(1) 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.
(2) Payment for meals, lodging, or other goods or services at a hotel, motel, or other hostelry by means of a check, draft, or other written order before or upon departure or checkout from the hostelry is obtaining those goods or services by means of a check, draft, or other written order for the purposes of this section.
(3) This section applies to a check given in full or partial payment of any preexisting debt.
(4) This section does not apply to the giving of a check, draft, or other written order if 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 a check which has not been deposited or which is not intended to be deposited to an account of the payee within a period of ten twenty-five days from the date the check was presented to the payee.
(5) It is also unlawful for any a person to induce, solicit, or to aid and abet any other another person to draw, make, utter, issue, or deliver to any a person, including himself, any check, draft, or other written order on any a 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."
SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 3. This act takes effect upon approval by the Governor.
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