South Carolina General Assembly
117th Session, 2007-2008

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S. 863

STATUS INFORMATION

General Bill
Sponsors: Senator Thomas
Document Path: l:\council\bills\agm\18950mm08.doc

Introduced in the Senate on January 8, 2008
Introduced in the House on January 31, 2008
Currently residing in the House Committee on Judiciary

Summary: Check fraud

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/5/2007  Senate  Prefiled
   12/5/2007  Senate  Referred to Committee on Banking and Insurance
    1/8/2008  Senate  Introduced and read first time SJ-34
    1/8/2008  Senate  Referred to Committee on Banking and Insurance SJ-34
   1/24/2008  Senate  Committee report: Favorable with amendment Banking and 
                        Insurance SJ-7
   1/25/2008          Scrivener's error corrected
   1/29/2008  Senate  Committee Amendment Adopted SJ-8
   1/29/2008  Senate  Read second time SJ-8
   1/30/2008          Scrivener's error corrected
   1/30/2008  Senate  Read third time and sent to House SJ-15
   1/31/2008  House   Introduced and read first time HJ-18
   1/31/2008  House   Referred to Committee on Judiciary HJ-18

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/5/2007
1/24/2008
1/25/2008
1/29/2008
1/30/2008

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

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Indicates New Matter

COMMITTEE AMENDMENT ADOPTED

January 29, 2008

S. 863

Introduced by Senator Thomas

S. Printed 1/29/08--S.    [SEC 1/30/08 11:20 AM]

Read the first time January 8, 2008.

            

A BILL

TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EVIDENCE OF FRAUDULENT INTENT IN DRAWING A DISHONORED CHECK, SO AS TO PROVIDE THAT A CHARGE THAT IS DISMISSED FOR WANT OF PROSECUTION OR BY REASON OF PAYMENT OF RESTITUTION AND COSTS IS NOT A CHARGE THAT EVIDENCES AN ACT OF MORAL TURPITUDE FOR PURPOSES OF AN OFFICIAL BACKGROUND CERTIFICATION; AND TO REPEAL SECTION 34-11-100 RELATING TO THE EFFECT OF PAYMENT AFTER INSTITUTION OF PROSECUTION.

Amend Title To Conform

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

SECTION    1.    Section 34-11-70 of the 1976 Code, as last amended by Act 291 of 2002, is further amended by adding:

"(e)    the dismissal of a prosecution of a case brought pursuant to this chapter by reason of want of prosecution or proof of payment of restitution and administrative costs, as provided in subsection (b) or (c), must not be used as evidence of an act of moral turpitude for purposes of disqualifying a person subject to an official background certification."

SECTION    2.    Section 34-11-100 of the 1976 Code is amended to read:

"Section 34-11-100.    After Except as otherwise provided in Section 34-11-70, after prosecution is initiated as provided in this chapter, the payment of a dishonored check, draft, or order shall does not constitute a defense or grounds for dismissal of charges brought under pursuant to this chapter, but such the payment may be considered in mitigation of the sentence by the trial judge or magistrate."

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

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