S 0766 General Bill, By Thomas
 A BILL TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE PROSECUTION OF DISHONORED DRAFTS, CHECKS, AND OTHER
 WRITTEN ORDERS, SO AS TO PROVIDE IF AN ARREST WARRANT IS ISSUED FOR A DRAWEE
 WHO HAS TWO HUNDRED FIFTY DOLLARS OR LESS IN DISHONORED DRAFTS, CHECKS, OR
 WRITTEN ORDERS AND THE DRAWEE PAYS THE DISHONORED DRAFTS, CHECKS, OR OTHER
 WRITTEN ORDERS AND ALL LATE FEES AND ADMINISTRATIVE COSTS ASSOCIATED WITH THE
 ISSUANCE OF A WARRANT BEFORE THE ARREST, THEN THE WARRANT WILL BE DISMISSED
 AND NO FURTHER LEGAL ACTION WILL BE TAKEN; AND TO PROVIDE THAT ANY WRITTEN
 COMMUNICATION WITH A DRAWEE CONCERNING THE CRIMINAL PROCEEDING MUST INCLUDE A
 STATEMENT ABOUT THIS PROVISION.

   04/28/99  Senate Introduced and read first time SJ-7
   04/28/99  Senate Referred to Committee on Banking and Insurance SJ-7

TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROSECUTION OF DISHONORED DRAFTS, CHECKS, AND OTHER WRITTEN ORDERS, SO AS TO PROVIDE IF AN ARREST WARRANT IS ISSUED FOR A DRAWEE WHO HAS TWO HUNDRED FIFTY DOLLARS OR LESS IN DISHONORED DRAFTS, CHECKS, OR WRITTEN ORDERS AND THE DRAWEE PAYS THE DISHONORED DRAFTS, CHECKS, OR OTHER WRITTEN ORDERS AND ALL LATE FEES AND ADMINISTRATIVE COSTS ASSOCIATED WITH THE ISSUANCE OF A WARRANT BEFORE THE ARREST, THEN THE WARRANT WILL BE DISMISSED AND NO FURTHER LEGAL ACTION WILL BE TAKEN; AND TO PROVIDE THAT ANY WRITTEN COMMUNICATION WITH A DRAWEE CONCERNING THE CRIMINAL PROCEEDING MUST INCLUDE A STATEMENT ABOUT THIS PROVISION.

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

SECTION 1. Section 34-11-70(b) of the 1976 Code, as last amended by Act 669 of 1988, is further amended to read:

"(b)(1) Any court, including magistrate's, may dismiss a case under the provisions of this chapter for want of prosecution. When any prosecutions are a prosecution is initiated under this chapter, the party applying for the warrant is held liable for all reasonable administrative costs accruing not to exceed twenty dollars if the case is dismissed for want of prosecution. Unless waived by the court, the party applying for the warrant shall notify, orally or otherwise, the court not less than twenty-four hours before the date and time set for trial that full restitution has been made in connection with the warrant, and the notification relieves that party of the responsibility of prosecution.

(2) When the person instituting prosecution has a warrant issued for a drawee who has two hundred fifty dollars or less in dishonored drafts, checks, or other written orders, and the drawee presents proof of payment of the dishonored drafts, checks, or other written orders, late fees and administrative costs associated with the issuance of the warrant to the warrant clerk before his arrest, the judge shall withdraw the warrant, no further legal action will be taken against the drawee, and no charges will be entered on the drawee's record.

(3) Any written communication to a drawee upon instituting a criminal proceeding must include the following information: the warrant number, the nature of the warrant, and a statement that if proof of payment of the dishonored drafts, checks, or other written orders and payment of late fees and administrative costs is presented to the warrant officer, the warrant will be withdrawn, the case will be dismissed, no further legal action will be taken against the drawee, and no charges will be entered on the drawee's record."

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