S 0070 General Bill, By Rankin, McConnell, Vaughn, Knotts, Fair and Bryant
 A BILL TO AMEND ARTICLE 1, CHAPTER 13, OF TITLE 16 OF THE 1976 CODE, RELATING
 TO FORGERY, LARCENY, EMBEZZLEMENT, FALSE PRETENSES AND CHEATS, BY ADDING
 SECTION 16-13-245, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO OBTAIN AN
 ADVANCE OF MONEY OR OTHER PERSONAL PROPERTY FOR A PROMISE OR AGREEMENT TO
 PERFORM WORK OR LABOR FOR ANOTHER PERSON WHEN THE PERSON OBTAINING THE ADVANCE
 WILFULLY FAILS TO COMMENCE OR COMPLETE THE WORK OR LABOR THAT HE PROMISED OR
 AGREED TO DO, AND TO PROVIDE PENALTIES FOR THE VIOLATION OF THIS SECTION.

   11/29/06  Senate Prefiled
   11/29/06  Senate Referred to Committee on Judiciary
   01/09/07  Senate Introduced and read first time SJ-55
   01/09/07  Senate Referred to Committee on Judiciary SJ-55
   01/17/07  Senate Referred to Subcommittee: Hutto (ch), Jackson,
                     Knotts, Bryant

TO AMEND ARTICLE 1, CHAPTER 13, OF TITLE 16 OF THE 1976 CODE, RELATING TO FORGERY, LARCENY, EMBEZZLEMENT, FALSE PRETENSES AND CHEATS, BY ADDING SECTION 16-13-245, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO OBTAIN AN ADVANCE OF MONEY OR OTHER PERSONAL PROPERTY FOR A PROMISE OR AGREEMENT TO PERFORM WORK OR LABOR FOR ANOTHER PERSON WHEN THE PERSON OBTAINING THE ADVANCE WILFULLY FAILS TO COMMENCE OR COMPLETE THE WORK OR LABOR THAT HE PROMISED OR AGREED TO DO, AND TO PROVIDE PENALTIES FOR THE VIOLATION OF THIS SECTION.

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

SECTION    1.    Article 1 of Chapter 13 in Title 16 is amended by adding:

"Section 16-13-245.    (A)    It is unlawful for a person, with intent to cheat or defraud another, to obtain advances in money, provisions, goods, wares, or merchandise of any kind from any other person pursuant to a promise or agreement that the person making the promise will begin any work or labor of any kind for the person from whom the advances were obtained, and the person making the promise or agreement wilfully fails, without a lawful excuse, to commence or complete the work or labor he promised or agreed to do.

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

(1)    misdemeanor triable in magistrate's court if the value of the property 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 of the grand jury;

(2)    felony and, upon conviction, must be fined in the discretion of the court or imprisoned for not more than five years if the value of the property is more than one thousand dollars but less than five thousand dollars;

(3)    felony and, upon conviction, must be fined not more than five hundred dollars and imprisoned for not more than ten years if the value of the property is five thousand dollars or more."

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