South Carolina General Assembly
105th Session, 1983-1984

Bill 234

                    Current Status

Bill Number:               234
Ratification Number:       229
Act Number                 133
Introducing Body:          Senate
Subject:                   Violations of laws relating to bank
                           deposits
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A133, R229, S234)

AN ACT TO AMEND SECTION 34-11-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF OFFENSES AND PENALTIES INVOLVING THE VIOLATIONS OF LAWS RELATING TO BANK DEPOSITS, SO AS TO CLASSIFY AS A FELONY A CONVICTION FOR DRAWING OR UTTERING AN INSTRUMENT IN VIOLATION OF CHAPTER 11 OF TITLE 34 IN EXCESS OF FIVE THOUSAND DOLLARS; TO PROVIDE THAT PERSONS CONVICTED OF A FELONY UNDER THE PROVISION OF THIS SECTION MAY NOT HAVE THE RECORD OF THE ARREST AND CONVICTION EXPUNGED; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO THE CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE CRIME OF DRAWING OR UTTERING AN INSTRUMENT IN VIOLATION OF CHAPTER 11, TITLE 34, IN EXCESS OF FIVE THOUSAND DOLLARS.

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

Definition - conviction classified as felony

SECTION 1. The next to the last paragraph of Section 34-11-90 of the 1976 Code, as last amended by Act 93 of 1979, is further amended to read:

"As used in this section the term 'conviction' shall include the entering of a guilty plea, the entering of a plea of nolo contendere, or the forfeiting of bail. A conviction is classified as a felony if the instrument drawn or uttered in violation of this chapter exceeds the amount of five thousand dollars."

Classified as felony

SECTION 2. In addition to the crimes classified as felonies in Section 16-1-10 of the 1976 Code, as last amended by Act 33 of 1981, the crime of drawing or uttering an instrument in violation of Chapter 11 of Title 34 in excess of five thousand dollars, as established in Section 1 of this act, is declared a felony.

Expungement of records

SECTION 3. Subsection (e) of Section 34-11-90 of the 1976 Code, as last amended by Act 93 of 1979, is further amended by adding after the first sentence: "This provision shall not apply to any crime classified as a felony." When amended subsection (e) shall read:

"(e) After a conviction under this section on a first offense, the defendant may, after one year from the date of the conviction, apply, or cause someone acting on his behalf, to apply to the court for an order expunging the records of the arrest and conviction. This provision shall not apply to any crime classified as a felony. If the defendant has had no other conviction during the one year period following the conviction under this section, the court shall issue an order expunging the records. No person shall have any rights under this section more than one time."

Time effective

SECTION 4. This act shall take effect upon approval by the Governor.