South Carolina General Assembly
117th Session, 2007-2008

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Bill 863

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Indicates New Matter

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

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

January 24, 2008

S. 863

Introduced by Senator Thomas

S. Printed 1/24/08--S.    [SEC 1/25/08 12:01 PM]

Read the first time January 8, 2008.

            

THE COMMITTEE ON BANKING AND INSURANCE

To whom was referred a Bill (S. 863) 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, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill, as and if amended, Section 34-11-100 as found in SECTION 2, by deleting SECTION 2 in its entirety and inserting:

/    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." /

Renumber sections to conform.

Amend title to conform.

DAVID L. THOMAS for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

The State Treasurer's Office reports this bill will have no impact on the General Fund of the State or on federal and/or other funds.

Approved By:

Harry Bell

Office of State Budget

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.

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 repealed.

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

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