H 4287 Session 109 (1991-1992)
H 4287 General Bill, By D.A. Wright, Quinn and Riser
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
15-75-40 so as to create a civil cause of action against shoplifters.
01/29/92 House Introduced and read first time HJ-6
01/29/92 House Referred to Committee on Judiciary HJ-6
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 15-75-40 SO AS TO CREATE A CIVIL
CAUSE OF ACTION AGAINST SHOPLIFTERS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 75, Title 15 of the 1976 Code is amended by
adding:
"Section 15-75-40. (A) As used in this section:
(1) `Shoplifting' means an act punishable under Section 16-13-110 and also includes the theft of cash or merchandise by employees of
a mercantile establishment;
(2) `Store or other retail mercantile establishment' means an
establishment as defined in Section 16-13-105(5);
(3) `Emancipated minor' means a person over the age of
sixteen at the time of the alleged shoplifting and who was no longer a
dependent of or in the custody of a parent or legal guardian.
(B) In a proceeding brought under this section the burden of proof
is by a preponderance of the evidence.
(C) An adult or emancipated minor who commits shoplifting
against the property of a store or other retail mercantile establishment is
civilly liable to the operator of the establishment in an amount consisting
of:
(1) the retail price of the merchandise if not recovered in
merchantable condition up to an amount not to exceed fifteen hundred
dollars; plus
(2) a penalty not to exceed the greater of five times the retail
price of the merchandise or one hundred fifty dollars. In no event may
the penalty exceed five hundred dollars.
(D) Parents or legal guardians of an unemancipated minor are
civilly liable for the minor who commits shoplifting against the property
of a store or other retail mercantile establishment to the operator of the
establishment in an amount consisting of:
(1) the retail price of the merchandise if not recovered in
merchantable condition up to an amount not to exceed fifteen hundred
dollars; plus
(2) a penalty not to exceed the greater of five times the retail
price of the merchandise or one hundred fifty dollars. In no event may
the penalty exceed five hundred dollars.
(E) A conviction or a plea of guilty for committing shoplifting is
not a prerequisite to the bringing of a civil suit, obtaining a judgment, or
collecting that judgment under this section.
(F) The fact that an operator of a store or other retail mercantile
establishment may bring an action against an individual as provided in
this section does not limit the right of the merchant to demand, orally or
in writing, that a person who is liable for damages and penalties under
this section remit the damages and penalties before the commencement
of a legal action.
(G) (1) A written notice sent by the operator of a store or other
mercantile establishment to an individual as provided in subsection (F)
must be sent by certified mail and must state substantially as follows:
`(Date of Mailing), 19_____
__________(Name)___________________
_________(Address)_________________
__________(City)___________________
This letter is written notice of demand for payment of damages in the
amount of ________(amount of damages)_____ arising out of
your shoplifting of the following personal property owned by
_____(the undersigned or other owner):
____(list of property)______
____________________________
____________________________
Pursuant to Section 15-75-40, Code of Laws of South Carolina, 1976,
this letter is further notice that if the amount stated above is not paid, or
a written agreement as to its payment is not reached within thirty days
of the date of mailing this letter, (I) (we) (other owner) intend
to bring a legal action against you for the amount, plus attorney's fees,
court costs, and other relief provided by law.
__________(Name)__________________
___________(Address of____________
___________business)______________
____________(City)________________
(person sending notice)'
(2) The date of mailing of the notice provided by this
subsection is the later of the date of mailing stated in the notice or the
date on the certified mail receipt when the notice was delivered to the U.
S. Mail.
(H) In an action brought under subsection (D) of this section,
the court shall consider in the interest of justice mitigating circumstances
that bear directly upon the actions of the parent or legal guardian in
supervising the unemancipated minor who committed the shoplifting.
(I) An action for recovery of damages and penalties under this
section may be brought in any court of competent jurisdiction.
(J) The provisions of this section may not be construed to prohibit or
limit any other cause of action which an operator of a store or other
retail mercantile establishment may have against a person who
unlawfully takes merchandise from the establishment.
(K) Testimony or statements of the defendant or unemancipated
minor child of the defendant or any evidence derived from an attempt to
reach a civil settlement or from a civil proceeding brought under this
section is inadmissible in any other court proceeding related to the
shoplifting."
SECTION 2. This act takes effect July 1, 1992, and applies to acts
committed after June 30, 1992.
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