H 3814 Session 112 (1997-1998)
H 3814 General Bill, By Townsend, Cooper, B.L. Jordan, Maddox, Martin and
Stille
A BILL TO AMEND CHAPTER 11 OF TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO BANK DEPOSITS, BY ADDING SECTION 34-11-105 SO AS TO PROVIDE FOR A
WORTHLESS CHECK UNIT OF THE CIRCUIT SOLICITOR'S OFFICE, DEFERRED PROSECUTION
FOR ISSUING A FRAUDULENT CHECK, CONDITIONED UPON VOLUNTARY SURRENDER, PAYMENT
OF FEES AND RESTITUTION, AND DISTRIBUTION OF MONIES RECEIVED.
04/02/97 House Introduced and read first time HJ-127
04/02/97 House Referred to Committee on Judiciary HJ-127
A BILL
TO AMEND CHAPTER 11 OF TITLE 34, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO BANK DEPOSITS,
BY ADDING SECTION 34-11-105 SO AS TO PROVIDE FOR A
WORTHLESS CHECK UNIT OF THE CIRCUIT SOLICITOR'S
OFFICE, DEFERRED PROSECUTION FOR ISSUING A
FRAUDULENT CHECK, CONDITIONED UPON VOLUNTARY
SURRENDER, PAYMENT OF FEES AND RESTITUTION, AND
DISTRIBUTION OF MONIES RECEIVED.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Chapter 11 of Title 34 of the 1976 Code is amended
by adding:
"Section 34-11-105. (A) A circuit solicitor may establish in his
discretion, a special services division of his office under his direction
and control. A section of the special services division of each circuit
solicitor's office may be organized as a worthless check unit, with
sufficient staff and resources to operate the unit effectively. The
worthless check unit of the special services division of the circuit
solicitor's office is created for the purpose of processing worthless
checks.
(B)(1) After following the provisions of Sections 34-11-60 and
34-11-70, a party holding a worthless negotiable instrument may
present a 'complaint' to the worthless check unit of the special
services division of the circuit solicitor's office. The complaint must
be evaluated by the worthless check unit, under the direction of the
solicitor, to determine whether or not the complaint is appropriate to
be processed by the worthless check unit including, but not limited
to, the following guidelines:
(a) the amount of the check as recited in the complaint;
(b) a prior criminal record of violations by the defendant
involving issuing worthless checks;
(c) the number of checks previously received by the circuit
solicitor on this defendant;
(d) worthless check charges pending against the defendant;
and
(e) the strength of the evidence of intent to defraud the
victim.
(2) If, after filing a complaint with the worthless check unit, the
victim wishes to withdraw the complaint for good cause, the victim
shall satisfy the service charge of thirty dollars to the worthless check
unit for processing the complaint.
(C) After approval of the complaint and issuance of a warrant, the
warrant may be held by the worthless check unit. The unit shall
forward a notice, by certified mail return receipt requested, to the
accused that a warrant has been issued for his arrest. The notice must
inform the accused that he may be eligible for deferred prosecution
by voluntarily surrendering himself to the worthless check unit within
ten business days from the date of the receipt of the notice.
(D) Upon voluntary surrender, the accused shall be presented with
the warrant and prosecution may be deferred upon payment to the
worthless check unit of restitution and the service charge for
processing the check. The unit may allow the accused to sign a
restitution agreement which shall contain the terms by which the
restitution and service charge must be paid.
(E) If the accused does not surrender himself voluntarily or if no
restitution is paid nor restitution agreement entered into, or if the
accused does not comply with the restitution agreement, the violation
must be prosecuted in accordance with applicable laws and
procedures.
(F) The terms of the written, signed restitution agreement must be
determined on a case by case basis by the worthless check unit, but
the duration of the agreement may not be longer than six months.
Interest may not be charged or collected on either restitution or fees.
(G) In those cases where the accused voluntarily surrenders
pursuant to notice within the ten business days, the worthless check
unit may collect the sum of forty dollars from the accused as a service
charge for processing the check.
(H)(1) Restitution must be collected by the worthless check unit
and deposited into an account maintained solely for that purpose.
After a reasonable time for accounting and bookkeeping purposes,
the worthless check unit shall disburse to the victim all restitution
collected in connection with the original complaint filed. If the
victim cannot be located after a reasonable time and upon diligent
efforts to locate him, the restitution due the victim must be deposited
into the worthless check fund as provided in item (2) of this
subsection.
(2) All fees or charges, other than court costs, collected by the
worthless check unit in accordance with this section must be paid to
the county treasurers of the counties comprising the circuit, on a pro
rata basis, into a fund known as the worthless check fund. Sixty-five
percent of funds collected pursuant to subsection (G) of this section
must be used and expended by the circuit solicitor to defray the
reasonable expenses incurred by the office of the solicitor. The
treasurers of the counties shall make disbursements of the funds upon
requisition of the solicitor except that this item must not reduce the
amount budgeted to the solicitor otherwise. Thirty-five percent of the
funds collected pursuant to subsection (G) must be used by the
counties for the reasonable expenses incurred in the administration of
this deferred prosecution program. All of the funds collected but
undistributed pursuant to restitution as provided in subsection (H)(1)
must be deposited on a pro rata basis in the general funds of the
counties comprising the circuit, and must be expended only for the
reasonable and necessary expenses of law enforcement.
(I) This section in no way prohibits or precludes the office of the
solicitor from proceeding with the prosecution of any violation of this
chapter as provided by applicable law and procedures."
SECTION 2. This act takes effect upon approval by the Governor.
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