South Carolina Legislature


 

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H 4592
Session 109 (1991-1992) 

H 4592 General Bill, By Wilkins, S.E. Gonzales, Harvin, B.H. Harwell, Haskins, 
K.G. Kempe, H.H. Keyserling, Kirsh, Meacham, R. Smith, Vaughn, Wilkes and 
R.M. Young
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Sections
 16-17-726 so as to prohibit filing false or fraudulent statements with a state
 or local government; 16-17-727 so as to prohibit false, fictitious, or
 fraudulent claims against a governmental entity; 16-17-728 so as to prohibit a
 conspiracy to commit fraud against a state or local government; and 16-17-729
 so as to prohibit false statements to any agency or department of the state or
 local government; and to amend Section 16-17-725, relating to giving false
 statements, so as to prohibit giving false statements to a state regulatory
 agency.

   03/24/92  House  Introduced and read first time HJ-13
   03/24/92  House  Referred to Committee on Judiciary HJ-13
   05/13/92  House  Committee report: Favorable with amendment
                     Judiciary HJ-3
   05/21/92  House  Debate adjourned until Tuesday, May 26, 1992 HJ-83
   05/26/92  House  Amended HJ-49
   05/26/92  House  Read second time HJ-50
   05/27/92  House  Read third time and sent to Senate HJ-28
   05/27/92  Senate Introduced and read first time SJ-18
   05/27/92  Senate Referred to Committee on Judiciary SJ-18



Indicates Matter Stricken
Indicates New Matter

AMENDED

May 26, 1992

H. 4592

Introduced by REPS. Wilkins, Kempe, Gonzales, Harvin, Harwell, Haskins, Keyserling, Kirsh, Meacham, Smith, Vaughn, Wilkes and R. Young

S. Printed 5/26/92--H.

Read the first time March 24, 1992.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 16-17-726 SO AS TO PROHIBIT FILING FALSE OR FRAUDULENT STATEMENTS WITH A STATE OR LOCAL GOVERNMENT; 16-17-727 SO AS TO PROHIBIT FALSE, FICTITIOUS, OR FRAUDULENT CLAIMS AGAINST A GOVERNMENTAL ENTITY; 16-17-728 SO AS TO PROHIBIT A CONSPIRACY TO COMMIT FRAUD AGAINST A STATE OR LOCAL GOVERNMENT; AND 16-17-729 SO AS TO PROHIBIT FALSE STATEMENTS TO ANY AGENCY OR DEPARTMENT OF THE STATE OR LOCAL GOVERNMENT; AND TO AMEND SECTION 16-17-725, RELATING TO GIVING FALSE STATEMENTS, SO AS TO PROHIBIT GIVING FALSE STATEMENTS TO A STATE REGULATORY AGENCY.

Amend Title To Conform

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

SECTION 1. The 1976 Code is amended by adding:

"Section 16-17-726. It is unlawful for a person wilfully to make and subscribe a document, statement, or return which is filed with a state or local government, or any of its departments or agencies, that is verified by a written declaration made under the penalty of perjury, and which the person does not believe to be true and correct as to every material matter. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than twenty-five thousand dollars or imprisoned not more than one year, or both.

Section 16-17-727. It is unlawful for a person knowingly to make or present to a state or local government, or any of its departments or agencies, a false, fictitious, or fraudulent claim against the governmental entity. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than twenty-five thousand dollars or imprisoned not more than one year, or both.

Section 16-17-728. (A) In any matter within the jurisdiction of a state or local government or any of its departments or agencies, it is unlawful for a person knowingly or wilfully to:

(1) falsify or conceal, by trick, scheme, or device, a material fact; or

(2) make any false, fictitious, or fraudulent statement, representation, or document.

(B) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than twenty-five thousand dollars or imprisoned not more than one year, or both.

Section 16-17-729. All government forms, documents, statements, or returns that require a person to provide information to a state or local government agency must contain a statement in heavy black boldface print of at least one point size larger than the print otherwise used on the form, document, statement, or return that a false or fraudulent statement made by a person pursuant to Sections 16-17-726 to 16-17-728 is a misdemeanor and, upon conviction, the person must be fined not more than twenty-five thousand dollars or imprisoned not more than one year, or both."

SECTION 2. Section 16-17-725 of the 1976 Code is amended to read:

"Section 16-17-725. (A) It is unlawful for any a person to knowingly to:

(1) make a false complaint, or after notice of a criminal investigation to give false information to any a law enforcement officer concerning the alleged commission of any a crime by another, or for any person to knowingly after notice of a criminal investigation;

(2) give false information to any a rescue squad or fire department concerning the alleged occurrence of a health emergency or fire;

(3) give false information to a state regulatory agency after notice of a regulatory investigation.

(B) Any A person violating who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine fined not to exceed more than two one hundred thousand dollars or by a term of imprisonment imprisoned not to exceed more than thirty days, or both."

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

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