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

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.