H 3049 General Bill, By Kirsh and Simrill
 A BILL TO AMEND SECTION 34-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE DRAWING AND UTTERING OF A FRAUDULENT CHECK, DRAFT, OR
 OTHER WRITTEN ORDER, SO AS TO PROVIDE THAT FRAUDULENT CHECK REMEDIES AND
 PROCEDURES APPLY TO A CHECK GIVEN IN FULL OR PARTIAL PAYMENT OF ANY
 PREEXISTING DEBT, NOT ONLY THOSE PREEXISTING DEBTS RESULTING FROM A REVOLVING
 CREDIT ACCOUNT WHICH IS NOT A CONSUMER CREDIT TRANSACTION, AND TO MAKE
 TECHNICAL CORRECTIONS.

   12/09/98  House  Prefiled
   12/09/98  House  Referred to Committee on Judiciary
   01/12/99  House  Introduced and read first time HJ-23
   01/12/99  House  Referred to Committee on Judiciary HJ-23
   02/29/00  House  Tabled in committee Judiciary

TO AMEND SECTION 34-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRAWING AND UTTERING OF A FRAUDULENT CHECK, DRAFT, OR OTHER WRITTEN ORDER, SO AS TO PROVIDE THAT FRAUDULENT CHECK REMEDIES AND PROCEDURES APPLY TO A CHECK GIVEN IN FULL OR PARTIAL PAYMENT OF ANY PREEXISTING DEBT, NOT ONLY THOSE PREEXISTING DEBTS RESULTING FROM A REVOLVING CREDIT ACCOUNT WHICH IS NOT A CONSUMER CREDIT TRANSACTION, AND TO MAKE TECHNICAL CORRECTIONS.

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

SECTION 1. Section 34-11-60 of the 1976 Code, as last amended by Act 235 of 1996, is further amended to read:

"Section 34-11-60. (a) It is unlawful for a person, with intent to defraud, in his own name or in any other another capacity, to draw, make, utter, issue, or deliver to another a check, draft, or other written order on a bank or depository for the payment of money or its equivalent, whether given to pay rent, make a payment on a lease, or to obtain money, services, credit, or property of any kind or nature whatever, or anything of value, which includes an obligation or debt of state taxes which is past due or presently due, when at the time of drawing, making, uttering, issuing, or delivering the check or draft or other written order the maker or drawer does not have an account in the bank or depository or does not have sufficient funds on deposit with the bank or depository to pay the same it on presentation, or if the check, draft, or other written order has an incorrect or insufficient signature on it to be paid upon presentation.

(b) In any a prosecution or action under the provisions of pursuant to this section, a check, draft, or other written order for which the information required in item (1) of this subsection is available at the time of issuance, that information shall constitute constitutes prima facie evidence of the identity of the party person issuing the check, draft, or other written order and that such person was a party authorized the authority of the person to draw upon the named account. The failure of the person receiving the check to obtain the information specified in items (1) or (2) of this subsection shall does not warrant dismissal of a prosecution or other action brought pursuant to this section, but the complaining party bringing the action shall in such circumstances have then has the burden of proving that the defendant signed or endorsed the check and presented it in payment of some a debt or other obligation.

(1) To establish this prima facie evidence, the full name, residence address, and home telephone number of the person presenting the check, draft, or other written order shall must be obtained by the party person receiving the instrument. This information may be provided by having the information recorded on the check or instrument itself, or by having the number of a check-cashing identification card issued by the receiving party may be recorded on the check. The check-cashing identification card shall may be issued only after the full name, residence address, and home telephone number of the person presenting the check, draft, or other written order has been placed on file by the receiving party.

(2) In addition to obtaining the information required in item (1) of this subsection, the party person receiving a check shall witness the signature or endorsement of the party person presenting the check and as evidence of such, the receiving party shall initial the check as evidence of his witness. Validation by a bank teller machine shall constitute compliance complies with this item.

(c) It shall be the duty of the drawee of any check, draft, or other written order, before refusing to pay the same to the holder thereof upon presentation, to cause to be written, printed, or stamped in plain language thereon or attached thereto, the reason for drawee's dishonor or refusal to pay same. In all prosecutions under this section, the introduction in evidence of any unpaid and dishonored check, draft or other written order, having the drawee's refusal to pay stamped or written thereon, or attached thereto, with the reason therefor as aforesaid, shall be prima facie evidence of the making or uttering of such check, draft, or other written order, and the due presentation to the drawee for payment and the dishonor thereof, and that the same was properly dishonored for the reasons written, stamped or attached by the drawee on such dishonored check, draft, or other written order; and, as against the maker or drawer thereof, the withdrawing from deposit with the drawee named in the check, draft or other written order, the funds on deposit with such drawee necessary to insure payment of such check, draft or other written order upon presentation within ten days after negotiation; or the drawing, making, uttering or delivering of a check, draft or written order, payment of which is refused by the drawee, shall be prima facie evidence of knowledge of insufficient funds in or credit with such drawee; provided, however, if it is determined at the trial in a prosecution hereunder, that the payee of any such check, draft or written order at the time of accepting such check, draft or written order, had knowledge of or reason to believe that the drawer of such check, draft or other written order did not have sufficient funds on deposit in or credit with such drawee, then the payee instituting such criminal prosecution shall be assessed all costs of court incurred in connection with such prosecution.

(1) Before the drawee of a check, draft, or other written order refuses to pay its holder upon its presentation, the drawee must write, print, or stamp in plain language on the face of or attached to the check, draft, or other written order the reason for the dishonor or refusal to pay. In a prosecution or action pursuant to this section, the unpaid or dishonored check, draft, or other written order with the reason for dishonor or refusal to pay on its face or attached to it is prima facie evidence of:

(i) the making or uttering of the check, draft, or other written order;

(ii) its presentation to the drawee for payment; and

(iii) its proper dishonor for the reason indicated.

(2) It is prima facie evidence of knowledge by the maker or drawer of a check, draft, or other written order that insufficient funds existed to pay or otherwise honor the check, draft, or other written order if the funds necessary to pay it did not exist on deposit or in credit with the drawee at the time it was made or drawn, or if the funds necessary to pay it upon presentation were withdrawn from deposit with the drawee within ten days after it was negotiated. If it is determined during the prosecution of an action pursuant to this section that the payee of the check, draft, or other written order had knowledge of or reason to believe that at the time of receiving it, the maker or drawer had insufficient funds on deposit or in credit with the drawee to pay it, the payee instituting criminal prosecution must be assessed all costs of court arising out of the prosecution.

(d) The word 'credit' as used in this section means securing further advances of money, goods, or services by means of a check, draft, or other written order, given in whole or in part payment of a then existing account. Payment for meals, lodging, or other goods or services at any a hotel, motel, or other hostelry by means of a check, draft, or other written order at any time prior to before or upon departure or checkout from the hostelry must be construed as is obtaining those goods or services by means of such a check, draft, or other written order for the purposes of this section. This section applies to a check given in full or partial payment of any preexisting debt. This section does not apply to any check given only in full or partial payment of a preexisting debt unless given to satisfy a preexisting debt which resulted from a revolving credit account which is not a consumer credit transaction as defined in Section 37-1-301(11), to the giving of any a check, draft, or other written order where if:

(1) the payee knows, has been expressly notified expressly, or has reason to believe that the drawer did does not have an account or have with the drawee nor has on deposit with the drawee sufficient funds to ensure payment of the check,; nor to any or

(2) check which the payee has not been deposited the check to an account of the payee within a period of ten days from of the date the check was presented given to the payee him.

(e) It is also unlawful also for any a person to induce, solicit, or to aid and abet any other another person to draw, make, utter, issue, or deliver to any a person including himself any a check, draft, or other written order on any a bank or depository for the payment of money or its equivalent, being informed, knowing, or having reasonable cause for believing at the time of the inducing, soliciting, or the aiding and abetting that the maker or the drawer of the check, draft, or other written order has does not have sufficient funds on deposit in, or an account with, the bank or depository with which to pay the same upon presentation presented order.

(e)(f) No A warrant for a violation of this section may not be obtained more than one hundred eighty days after the date the check was uttered."

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