H*3486 Session 111 (1995-1996)
H*3486(Rat #0249, Act #0235 of 1996) General Bill, By Tripp, Allison, Bailey,
J.M. Baxley, B.D. Cain, Carnell, Cobb-Hunter, Cotty, J.L.M. Cromer, Easterday,
Fleming, Gamble, Govan, Harrell, J.L. Harris, Harrison, Harvin, Haskins,
T.E. Huff, M.F. Jaskwhich, Jennings, Kennedy, Kirsh, Koon, Lanford, Limehouse,
Littlejohn, C.V. Marchbanks, Mason, Meacham, Rhoad, Rice, Richardson, Robinson,
Sandifer, Seithel, J.S. Shissias, Simrill, D. Smith, Stille, Stuart, Trotter,
J.W. Tucker, Vaughn, C.C. Wells, Whatley, Wilder, D.A. Wright and
Young-Brickell
A Bill to amend Section 34-11-60, as amended, Code of Laws of South Carolina,
1976, relating to the drawing and uttering of fraudulent checks, drafts, or
other written orders, so as to provide that the Section does not apply to any
check given in full or partial payment of a preexisting debt which resulted
from a revolving credit account which is not a consumer credit transaction,
and to provide that failure of the person receiving a check to obtain certain
information shall not warrant dismissal of prosecution, but the person
bringing the action has the burden of proving that the defendant signed or
endorsed the check and presented it in payment of a debt or
obligation.-amended title
02/02/95 House Introduced and read first time HJ-11
02/02/95 House Referred to Committee on Judiciary HJ-12
03/29/95 House Committee report: Favorable with amendment
Judiciary HJ-8
04/04/95 House Amended HJ-19
04/04/95 House Debate adjourned until Wednesday, April 5, 1995 HJ-20
04/05/95 House Read second time HJ-16
04/06/95 House Read third time and sent to Senate HJ-41
04/11/95 Senate Introduced and read first time SJ-25
04/11/95 Senate Referred to Committee on Judiciary SJ-25
01/31/96 Senate Committee report: Favorable with amendment
Judiciary SJ-7
02/01/96 Senate Amended SJ-9
02/01/96 Senate Read second time SJ-9
02/01/96 Senate Ordered to third reading with notice of amendments SJ-9
02/06/96 Senate Read third time and returned to House with
amendments SJ-183
02/08/96 House Debate adjourned on Senate amendments until
Tuesday, February 13, 1996 HJ-14
02/13/96 House Concurred in Senate amendment and enrolled HJ-32
02/27/96 Ratified R 249
03/04/96 Signed By Governor
03/04/96 Effective date 03/04/96
03/13/96 Copies available
03/13/96 Act No. 235
(A235, R249, H3486)
AN ACT TO AMEND SECTION 34-11-60, AS AMENDED, CODE
OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
DRAWING AND UTTERING OF FRAUDULENT CHECKS, DRAFTS,
OR OTHER WRITTEN ORDERS, SO AS TO PROVIDE THAT THE
SECTION DOES APPLY TO ANY CHECK GIVEN IN FULL OR
PARTIAL PAYMENT OF A PREEXISTING DEBT WHICH
RESULTED FROM A REVOLVING CREDIT ACCOUNT WHICH IS
NOT A CONSUMER CREDIT TRANSACTION, AND TO PROVIDE
THAT FAILURE OF THE PERSON RECEIVING A CHECK TO
OBTAIN CERTAIN INFORMATION SHALL NOT WARRANT
DISMISSAL OF PROSECUTION, BUT THE PERSON BRINGING
THE ACTION HAS THE BURDEN OF PROVING THAT THE
DEFENDANT SIGNED OR ENDORSED THE CHECK AND
PRESENTED IT IN PAYMENT OF A DEBT OR
OBLIGATION.
Be it enacted by the General Assembly of the State of South
Carolina:
Application of section revised
SECTION 1. Section 34-11-60(b) of the 1976 Code is amended to
read:
"(b) In any prosecution or action under the provisions of this
section, a check, draft, or other written order for which the information
required in item (1) of this subsection is available at the time of issuance
shall constitute prima facie evidence of the identity of the party issuing
the check, draft, or other written order and that such person was a party
authorized to draw upon the named account. The failure of the person
receiving the check to obtain the information specified in items (1) or (2)
of this subsection shall not warrant dismissal of a prosecution or other
action brought pursuant to this section, but the party bringing the action
shall in such circumstances have the burden of proving that the defendant
signed or endorsed the check and presented it in payment of some debt
or other obligation.
(1) To establish this prima facie evidence, the full name, residence
address, and home telephone number of the person presenting the check,
draft, or other written order shall be obtained by the party receiving the
instrument. This information may be provided by having the information
recorded on the check or instrument itself, or the number of a
check-cashing identification card issued by the receiving party may be
recorded on the check. The check-cashing identification card shall be
issued only after the full name, residence address, and home telephone
number of the person presenting the check, draft, or other written order
has been placed on file by the receiving party.
(2) In addition to the information required in item (1) of this
subsection, the party receiving a check shall witness the signature or
endorsement of the party presenting the check and as evidence of such,
the receiving party shall initial the check. Validation by a bank teller
machine shall constitute compliance with this item."
No dismissal of action; burden of proof
SECTION 2. Section 34-11-60(d) of the 1976 Code, as last amended by
Act 669 of 1988, is further amended to read:
"(d) The word `credit' as used in this section means securing
further advances of money, goods, or services by means of a check,
draft, or other written order, given in whole or in part payment of a then
existing account. Payment for meals, lodging, or other goods or services
at any hotel, motel, or other hostelry by means of a check, draft, or other
written order at any time prior to or upon departure or checkout from the
hostelry must be construed as obtaining those goods or services by means
of such check, draft, or other written order for the purposes of this
section. This section does not apply to any check given only in full or
partial payment of a preexisting debt unless given to satisfy a preexisting
debt which resulted from a revolving credit account which is not a
consumer credit transaction as defined in Section 37-1-301(11), to the
giving of any check, draft, or other written order where the payee knows,
has been expressly notified, or has reason to believe that the drawer did
not have an account or have on deposit with the drawee sufficient funds
to ensure payment of the check, nor to any check which has not been
deposited to an account of the payee within a period of ten days from the
date the check was presented to the payee. It is also unlawful for any
person to induce, solicit, or to aid and abet any other person to draw,
make, utter, issue, or deliver to any person including himself any check,
draft, or other written order on any bank or depository for the payment
of money or its equivalent, being informed, knowing, or having
reasonable cause for believing at the time of the inducing, soliciting, or
the aiding and abetting that the maker or the drawer of the check, draft,
or other written order has not sufficient funds on deposit in, or an
account with, the bank or depository with which to pay the same upon
presentation."
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 4th day of March, 1996. |