S*32 Session 110 (1993-1994)
S*0032(Rat #0445, Act #0390) General Bill, By Wilson, Peeler, M.T. Rose,
Russell and Ryberg
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 and under
certain conditions against the parents of minors who are shoplifters.-amended
title
01/12/93 Senate Introduced and read first time SJ-35
01/12/93 Senate Referred to Committee on Judiciary SJ-35
02/10/93 Senate Committee report: Majority favorable with amend.,
minority unfavorable Judiciary SJ-9
03/02/93 Senate Special order SJ-11
03/17/93 Senate Read second time SJ-23
03/17/93 Senate Ordered to third reading with notice of
amendments SJ-23
01/26/94 Senate Amended SJ-13
01/26/94 Senate Read third time and sent to House SJ-15
01/26/94 House Introduced and read first time HJ-7
01/26/94 House Referred to Committee on Judiciary HJ-7
04/05/94 House Committee report: Favorable with amendment
Judiciary HJ-37
04/20/94 House Debate adjourned until Thursday, April 21, 1994 HJ-46
04/21/94 House Amended HJ-32
04/21/94 House Read second time HJ-33
04/26/94 House Read third time and returned to Senate with
amendments HJ-10
05/04/94 Senate Concurred in House amendment and enrolled SJ-10
05/12/94 Ratified R 445
05/18/94 Signed By Governor
05/18/94 Effective date 07/01/94
05/18/94 See act for exception to or explanation of
effective date
05/31/94 Copies available
(A390, R445, S32)
AN ACT 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
AND UNDER CERTAIN CONDITIONS AGAINST THE PARENTS OF
MINORS WHO ARE SHOPLIFTERS.
Be it enacted by the General Assembly of the State of South Carolina:
Civil cause of action for shoplifting created
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 three times the retail price of
the merchandise or one hundred fifty dollars. In no event may the penalty
exceed five hundred dollars.
(D) Custodial parents or legal guardians of an unemancipated minor
who knew or should have known of the minor's propensity to steal 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 three 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 United States 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 custodial parent or legal guardian in
supervising the unemancipated minor who committed the shoplifting.
These mitigating circumstances may include, but are not limited to, whether
or not the unemancipated minor had demonstrated a propensity to steal or
tendencies toward kleptomania and whether or not the custodial parent or
legal guardian had notice or knowledge of the unemancipated minor's
propensity to steal or tendencies toward kleptomania.
(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.
(L) A store which utilizes the provisions of this section is prohibited
from subsequently filing criminal charges against the individual pursuant to
Section 16-13-110."
Time effective
SECTION 2. This act takes effect July 1, 1994, and applies to acts
committed after June 30, 1994.
Approved the 18th day of May, 1994. |