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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
January 29, 2008
S. 863
S. Printed 1/29/08--S. [SEC 1/30/08 11:20 AM]
Read the first time January 8, 2008.
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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