H 3086 General Bill, By J.L.M. Cromer, Allison, Bailey, J.M. Baxley, Cato, 
Cotty, L.L. Elliott, Fleming, Gamble, Harrell, Haskins, Jennings, Kelley, Kirsh, 
Klauber, Knotts, Law, C.V. Marchbanks, Mason, Meacham, Richardson, Robinson, 
Sandifer, J.S. Shissias, Simrill, Stille, Stuart, Tripp, Vaughn, Wilder and 
Young-Brickell
 A Bill to amend Section 34-11-90, as amended, Code of Laws of South Carolina,
 1976, relating to fraudulent checks, so as to provide that the presiding judge
 shall also require restitution within ten days of the sentence in addition to
 any other penalties imposed.

   12/14/94  House  Prefiled
   12/14/94  House  Referred to Committee on Judiciary
   01/10/95  House  Introduced and read first time HJ-32
   01/10/95  House  Referred to Committee on Judiciary HJ-32
   01/31/95  House  Tabled in committee Judiciary

A BILL

TO AMEND SECTION 34-11-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FRAUDULENT CHECKS, SO AS TO PROVIDE THAT THE PRESIDING JUDGE SHALL ALSO REQUIRE RESTITUTION WITHIN TEN DAYS OF THE SENTENCE IN ADDITION TO ANY OTHER PENALTIES IMPOSED.

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

SECTION 1. Section 34-11-90(c) and (d) of the 1976 Code are amended to read:

"(c) After a first offense conviction for drawing and uttering a fraudulent check or other instrument in violation of Section 34-11-60 within its jurisdiction, the court shall, at the time of sentence, suspend the imposition or execution of a sentence upon a showing of satisfactory proof of restitution and payment by the defendant of all reasonable court costs accruing not to exceed twenty dollars require restitution within ten days of the sentence in addition to the other penalties authorized by this section. The restitution must be in an amount determined by the court and failure to make restitution as required by the court is punishable as contempt. For a second and subsequent convictions for violation of Section 34-11-60, the suspension of the imposition or execution of the sentence shall be discretionary with the court.

(d) After a conviction or plea for drawing and uttering a fraudulent check or other instrument in violation of Section 34-11-60 and the defendant is charged or fined, he shall pay, in addition to the fine and restitution, all reasonable court costs accruing, not to exceed

twenty dollars, and the service charge provided in Section 34-11-70."

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