S*234 Session 105 (1983-1984)
S*0234(Rat #0229, Act #0133 of 1983) General Bill, By Senate Judiciary
A Bill 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.-amended title
02/15/83 Senate Introduced, read first time, placed on calendar
without reference SJ-447
02/17/83 Senate Read second time SJ-489
02/17/83 Senate Ordered to third reading with notice of
amendments SJ-489
02/22/83 Senate Read third time and sent to House SJ-513
02/23/83 House Introduced and read first time HJ-1141
02/23/83 House Referred to Committee on Judiciary HJ-1141
03/16/83 House Committee report: Favorable Judiciary HJ-1509
03/23/83 House Read second time HJ-1638
03/24/83 House Reconsidered HJ-1679
03/24/83 House Amended HJ-1684
03/24/83 House Read second time HJ-1684
03/29/83 House Read third time HJ-1721
03/29/83 House Returned HJ-1721
05/10/83 Senate House amendment amended SJ-1311
05/10/83 Senate Returned SJ-1311
06/01/83 House Debate adjourned on amendments HJ-3385
06/02/83 House Non-concurrence in Senate amendment HJ-3473
06/03/83 Senate Senate insists upon amendment and conference
committee appointed Saleeby, Moore, Land SJ-1842
06/07/83 House Conference committee appointed J. Arthur, Hayes &
Russell HJ-3562
06/08/83 Senate Conference report received SJ-1934
06/08/83 Senate Conference report adopted SJ-1934
06/08/83 House Conference report received HJ-3606
06/08/83 House Conference report adopted HJ-3608
06/08/83 House Ordered enrolled for ratification HJ-3608
06/14/83 Ratified R 229
06/17/83 Signed By Governor
06/17/83 Effective date 06/17/83
06/17/83 Act No. 133
06/24/83 Copies available
(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. |