S 0702 General Bill, By McConnell
 A BILL TO AMEND SECTION 16-13-420, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE WILFUL AND FRAUDULENT FAILURE TO RETURN OR THE FRAUDULENT
 SECRETING OR APPROPRIATING OF RENTAL PROPERTY, SO AS TO PROVIDE THAT A CIRCUIT
 JUDGE OR A MAGISTRATE MAY ORDER RESTITUTION BASED ON THE VALUE OF THE LOST
 REVENUE OR REPLACEMENT OF THE RENTED ITEM.

   04/05/05  Senate Introduced and read first time SJ-9
   04/05/05  Senate Referred to Committee on Judiciary SJ-9
   04/11/05  Senate Referred to Subcommittee: Moore (ch), Ford,
                     Mescher, Rankin, Scott

TO AMEND SECTION 16-13-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WILFUL AND FRAUDULENT FAILURE TO RETURN OR THE FRAUDULENT SECRETING OR APPROPRIATING OF RENTAL PROPERTY, SO AS TO PROVIDE THAT A CIRCUIT JUDGE OR A MAGISTRATE MAY ORDER RESTITUTION BASED ON THE VALUE OF THE LOST REVENUE OR REPLACEMENT OF THE RENTED ITEM.

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

SECTION 1.    Section 16-13-420 of the 1976 Code is 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; or

(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 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 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 is more than one thousand dollars but less than five thousand dollars; or

(3)    misdemeanor triable in magistrate's court if the value of the rented or leased item 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.

(C)    A circuit judge or a magistrate, subject to the provisions of Section 22-3-550(A), may order restitution based on the lost revenue or the replacement value of the property."

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