S 0861 General Bill, By Knotts
 A BILL TO AMEND SECTION 16-13-10, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO FORGERY, SO AS TO INCLUDE FORGERY OF COINS OR OTHER CURRENCY
 RECOGNIZED BY LAW AND TO CREATE THE OFFENSE OF POSSESSION OF ANY FALSE,
 FORGED, OR COUNTERFEITED WRITING OR INSTRUMENT OF WRITING, COINS, OR OTHER
 CURRENCY RECOGNIZED BY LAW.

   05/18/05  Senate Introduced and read first time SJ-3
   05/18/05  Senate Referred to Committee on Judiciary SJ-3
   06/07/05  Senate Referred to Subcommittee: Hutto (ch), Jackson,
                     Knotts, Bryant

TO AMEND SECTION 16-13-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORGERY, SO AS TO INCLUDE FORGERY OF COINS OR OTHER CURRENCY RECOGNIZED BY LAW AND TO CREATE THE OFFENSE OF POSSESSION OF ANY FALSE, FORGED, OR COUNTERFEITED WRITING OR INSTRUMENT OF WRITING, COINS, OR OTHER CURRENCY RECOGNIZED BY LAW.

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

SECTION    1.    Section 16-13-10 of the 1976 Code is amended to read:

"Section 16-13-10.    (A)    It is unlawful for a person to:

(1)    falsely make, forge, or counterfeit; cause or procure to be falsely made, forged, or counterfeited; or wilfully act or assist in the false making, forging, or counterfeiting of any a writing or instrument of writing, coins, or other currency recognized by law;

(2)    utter or publish as true any false, forged, or counterfeited writing or instrument of writing, coins, or other currency recognized by law;

(3)    falsely make, forge, counterfeit, alter, change, deface, or erase; or cause or procure to be falsely made, forged, counterfeited, altered, changed, defaced, or erased any a record or plat of land; or

(4)    possess any false, forged, or counterfeited writing or instrument of writing, coins, or other currency recognized by law with knowledge or reason to believe that it is false, forged, or counterfeit; or

(5)    willingly act or assist in any of the premises an act pursuant to the provisions of this section, with an intention to defraud any another person.

(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 amount of the forgery 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 amount of the forgery is less than five thousand dollars.

(C)    If the forgery does not involve a dollar amount, the person is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both."

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.