S 1063 General Bill, By Martin
 A BILL TO AMEND SECTION 34-11-60(D) OF THE 1976 CODE, RELATING TO THE DRAWING
 OF A FRAUDULENT CHECK, TO INCREASE THE TIME A PAYEE HAS TO DEPOSIT A CHECK TO
 TWENTY-ONE DAYS SO THAT THE DRAWER OF THE CHECK MAY BE PROSECUTED.

   02/05/08  Senate Introduced and read first time SJ-11
   02/05/08  Senate Referred to Committee on Banking and Insurance SJ-11
   03/04/08  Senate Committee report: Favorable Corrections and
                     Penology SJ-12
   03/05/08         Scrivener's error corrected
   03/06/08  Senate Amended SJ-5
   03/06/08  Senate Read second time SJ-5
   03/11/08  Senate Read third time and sent to House SJ-10
   03/12/08  House  Introduced and read first time HJ-11
   03/12/08  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-11

Indicates Matter Stricken

Indicates New Matter

AMENDED

March 6, 2008

S. 1063

S. Printed 3/6/08--S.

Read the first time February 5, 2008.

TO AMEND SECTION 34-11-60(D) OF THE 1976 CODE, RELATING TO THE DRAWING OF A FRAUDULENT CHECK, TO INCREASE THE TIME A PAYEE HAS TO DEPOSIT A CHECK TO TWENTY-ONE DAYS SO THAT THE DRAWER OF THE CHECK MAY BE PROSECUTED.

Amend Title To Conform

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

SECTION    1.    Section 34-11-60(d) of the 1976 Code is amended to read:

"(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 a hotel, motel, or other hostelry by means of a check, draft, or other written order before or upon departure or checkout from the hostelry is obtaining those goods or services by means of 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 the giving of a check, draft, or other written order if the payee knows, has been expressly notified, or has reason to believe that the drawer did not have an account or have on deposit with the drawee sufficient funds to ensure payment of the check, nor to any check which has not been deposited to an account of the payee within a period of ten twenty-one days from the date the check was presented to the payee. It is also unlawful for any person to induce, solicit, or to aid and abet any other person to draw, make, utter, issue, or deliver to any person including himself any check, draft, or other written order on any 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 not sufficient funds on deposit in, or an account with, the bank or depository with which to pay the same upon presentation."

SECTION 2.    This act takes effect January 1, 2009.