H 4934 General Bill, By Vaughn, Frye, Keegan, Rhoad, Sinclair and Stille
 A BILL TO AMEND SECTION 16-13-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE UNLAWFUL FAILURE TO RETURN CERTAIN RENTAL PROPERTY OR
 THE FRAUDULENT APPROPRIATION OF SUCH PROPERTY, SO AS TO PROVIDE FOR ADDITIONAL
 ACTIONS WHICH CONSTITUTE A VIOLATION OF THIS SECTION, TO PROVIDE FOR CERTAIN
 INFERENCES THAT MAY BE MADE WITH REGARD TO A PERSON'S INTENT TO VIOLATE THE
 PROVISIONS OF THIS SECTION, TO PROVIDE FOR SPECIFIED PROCEDURAL REQUIREMENTS
 WHICH MUST BE MET IN REGARD TO PROSECUTIONS FOR VIOLATIONS, AND TO FURTHER
 PROVIDE FOR THE MANNER IN WHICH THE VALUE OF THE LEASED OR RENTED ITEM SHALL
 BE DETERMINED FOR PURPOSES OF COMPUTING THE APPLICABLE PENALTY.

   03/20/02  House  Introduced and read first time HJ-4
   03/20/02  House  Referred to Committee on Judiciary HJ-4

TO AMEND SECTION 16-13-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL FAILURE TO RETURN CERTAIN RENTAL PROPERTY OR THE FRAUDULENT APPROPRIATION OF SUCH PROPERTY, SO AS TO PROVIDE FOR ADDITIONAL ACTIONS WHICH CONSTITUTE A VIOLATION OF THIS SECTION, TO PROVIDE FOR CERTAIN INFERENCES THAT MAY BE MADE WITH REGARD TO A PERSON'S INTENT TO VIOLATE THE PROVISIONS OF THIS SECTION, TO PROVIDE FOR SPECIFIED PROCEDURAL REQUIREMENTS WHICH MUST BE MET IN REGARD TO PROSECUTIONS FOR VIOLATIONS, AND TO FURTHER PROVIDE FOR THE MANNER IN WHICH THE VALUE OF THE LEASED OR RENTED ITEM SHALL BE DETERMINED FOR PURPOSES OF COMPUTING THE APPLICABLE PENALTY.

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

SECTION    1.    Section 16-13-420 of the 1976 Code, as last amended by Act 409 of 2000, is further amended to read:

    "Section 16-13-420.    (A)    A person having any motor vehicle, trailer, appliance, equipment, tool, clothing, or formal wear in his possession or under his control by virtue of a lease or rental agreement is guilty of larceny if he:

        (1)    wilfully and fraudulently fails to return the motor vehicle, trailer, appliance, equipment, tool, clothing, or formal wear within seventy-two hours after the lease or rental agreement has expired;

        (2)    fraudulently secretes or appropriates the property to any use or purpose not within the due and lawful execution of his lease or rental agreement.

    The provisions of this section do not apply to lease-purchase agreements or conditional sales type contracts.

    (B)    A person also commits a violation of this section if he intentionally obtains the property referred to in subsection (A) under a lease or rental agreement by means of deception, threat, false token, or other means to avoid payment.

    (C)    For purposes of this section, evidence of intent to commit larceny may be inferred if a person:

        (1)(a)    failed to return the property referred to in subsection (A) within seventy-two hours of the expiration of the lease or rental agreement, including any extensions thereof, or failed to pay the applicable rental charges for the property within ten days after the date on which he receives notice demanding payment; or

            (b)    when entering the lease or rental agreement, presented identification to the owner of the property that was materially false, fictitious, or not current with respect to name, address, place of employment, or other appropriate items.

        (2)    The notice required in subsection (C)(1)(a) shall be in writing and must be sent by registered or certified mail, return receipt requested, to the person at his address shown on the lease or rental agreement, or his last known address if later furnished in writing by the person or his agent. A certificate retained by the owner of the property showing that the notice was mailed is presumptive proof that the requirements of this subsection have been met even though the notice may not have been received by the addressee.

    (D)    A person holding personal property referred to in subsection (A) shall be entitled to an affirmative defense to prosecution for larceny under this section if he:

        (1)    accurately stated his name, address, and other material items of identification at the time of the rental or lease;

        (2)    failed to receive notice under subsection (C)(1)(a) due to the fault of the owner of the property; and

        (3)    directly or through an agent paid the owner or his agent for the services provided and returned the items referred to in subsection (A) within forty-eight hours of the commencement of the prosecution, together with any additional charges due for the overdue period and the value of damages, if any, to the items.

    (B)(E)    A person who violates the provisions of this section is guilty of a:

        (1)    felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the value of the rented or leased item or the amount of the accrued rent or lease charges, whichever is greater, is five thousand dollars or more;

        (2)    felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the value of the rented or leased item or the amount of the accrued rent or lease charges, whichever is greater, is more than one thousand dollars but less than five thousand dollars;

        (3)    misdemeanor triable in magistrate's court if the value of the rented or leased item or the amount of the accrued rent or lease charges, whichever is greater, is one thousand dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury."

SECTION    2.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION    3.    This act takes effect upon approval by the Governor.