Current Status Bill Number:97 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950110 Primary Sponsor:Hayes All Sponsors:Hayes, Elliott, Giese, Wilson Drafted Document Number:BBM\9364JM.95 Residing Body:House Current Committee:Judiciary Committee 25 HJ Date of Last Amendment:19950223 Subject:Motor vehicle, leased; failure to return
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19950321 Introduced, read first time, 25 HJ
referred to Committee
Senate 19950316 Read third time, sent to House
Senate 19950223 Amended, read second time,
ordered to third reading
with notice of general amendments
Senate 19950222 Committee report: Favorable with 11 SJ
amendment
Senate 19950110 Introduced, read first time, 11 SJ
referred to Committee
Senate 19941003 Prefiled, referred to Committee 11 SJ
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Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
February 23, 1995
S. 97
S. Printed 2/23/95--S.
Read the first time January 10, 1995.
TO AMEND SECTION 16-13-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAILURE TO RETURN RENTED OBJECTS AND FRAUDULENT APPROPRIATION OF THE SAME, SO AS TO, AMONG OTHER THINGS, ESTABLISH CERTAIN NEW MISDEMEANOR OFFENSES, INCLUDING THAT OF WILFUL AND FRAUDULENT FAILURE TO RETURN A MOTOR VEHICLE FOR MORE THAN ONE WEEK AFTER THE LEASE OR RENTAL AGREEMENT HAS EXPIRED, AND PROVIDE PENALTIES.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-13-420 of the 1976 Code, as last amended by Section 117 of Act 184 of 1993, is further amended to read:
"Section 16-13-420. (A) A person having any motor vehicle, trailer, appliance, equipment, or tool in his possession or under his control by virtue of a lease or rental agreement is guilty of larceny if he:
(1) wilfully and fraudulently fails to return the motor vehicle, trailer, appliance, equipment, or tool within seventy-two hours after seven days from the date the lease or rental agreement has expired; or
(2) fraudulently secretes or appropriates the property to any use or purpose not within the due and lawful execution of his lease or rental agreement.
The provisions of this section do not apply to lease-purchase agreements or conditional sales type contracts.
(B) A person who violates the provisions of this section subsection (A) is guilty of a:
(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the value of the rented or leased item is five thousand dollars or more;
(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the value of the rented or leased item is more than one thousand dollars but less than five thousand dollars;
(3) misdemeanor triable in magistrate's court if the value of the rented or leased item is one thousand dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury.
(C) A person having any motor vehicle, trailer, appliance, equipment, or tool in his possession or under his control by virtue of a lease or rental agreement who wilfully and fraudulently fails to return the motor vehicle, trailer, appliance, equipment, or tool within seventy-two hours after the lease or rental agreement has expired but who returns the property within seven days of the expiration of the lease or rental agreement is guilty of a misdemeanor triable in magistrate's court and, upon conviction, must be imprisoned not more than thirty days or fined not more than five hundred dollars, or both.
(D) The provisions of this section do not apply to lease-purchase agreements or conditional sales type contracts."
SECTION 2. This act takes effect upon approval by the Governor.