South Carolina General Assembly
110th Session, 1993-1994

Bill 3370


                    Current Status
Introducing Body:               House
Bill Number:                    3370
Ratification Number:            215
Act Number:                     95
Primary Sponsor:                Waldrop
Type of Legislation:            GB
Subject:                        Video rentals, failure to
                                return
Date Bill Passed both Bodies:   19930601
Computer Document Number:       CYY/15059SD.93
Governor's Action:              S
Date of Governor's Action:      19930611
Introduced Date:                19930203
Date of Last Amendment:         19930401
Last History Body:              ------
Last History Date:              19930611
Last History Type:              Act No. 95
Scope of Legislation:           Statewide
All Sponsors:                   Waldrop
Type of Legislation:            General Bill

History

Bill   Body    Date          Action Description              CMN  Leg Involved
----   ------  ------------  ------------------------------  ---  ------------
3370   ------  19930611      Act No. 95
3370   ------  19930611      Signed by Governor
3370   ------  19930610      Ratified R 215
3370   Senate  19930601      Read third time, enrolled for
                             ratification
3370   Senate  19930527      Read second time
3370   Senate  19930526      Committee Report: Favorable     11
3370   Senate  19930406      Introduced, read first time,    11
                             referred to Committee
3370   House   19930402      Read third time, sent to
                             Senate
3370   House   19930401      Amended, read second time,
                             unanimous consent for third
                             reading on Friday, April 2,
                             1993
3370   House   19930331      Committee Report: Favorable     26
                             with amendment
3370   House   19930203      Introduced read first time,     26
                             referred to Committee
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A95, R215, H3370)

AN ACT TO AMEND SECTION 16-13-425, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL FAILURE TO RETURN RENTED VIDEO OR CASSETTE TAPES, SO AS TO PROVIDE THAT A PERSON IS NOT GUILTY OF THE OFFENSE OF PETIT LARCENY FOR HIS FAILURE TO RETURN THE VIDEO OR CASSETTE TAPE WHERE THE ORIGINAL DOLLAR AMOUNT OF THE LEASE OR RENTAL AGREEMENT IS TWO HUNDRED DOLLARS OR LESS UNLESS HE WILFULLY AND FRAUDULENTLY FAILS TO RETURN THE VIDEO OR CASSETTE TAPE WITHIN SEVENTY-TWO HOURS AFTER A LETTER DEMANDING RETURN OF THE VIDEO OR CASSETTE TAPE HAS BEEN MAILED TO HIM BY CERTIFIED OR REGISTERED MAIL AT HIS LAST KNOWN ADDRESS BY THE OWNER OF THE VIDEO OR CASSETTE TAPE OR HIS AGENT.

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

Failure to return not unlawful under certain conditions

SECTION 1. Section 16-13-425 of the 1976 Code, as added by Act 485 of 1988, is further amended to read:

"Section 16-13-425. (A) Any person having a video or cassette tape in his possession or under his control by virtue of a lease or rental agreement, the original dollar amount of which is two hundred dollars or less, who wilfully and fraudulently fails to return the video or cassette tape within seventy-two hours after a letter demanding return of the video or cassette tape has been mailed to him by certified or registered mail return receipt requested at his last known address by the owner of the video or cassette tape or his agent or who fraudulently secretes or appropriates this property to any use or purpose not within the due and lawful execution of his lease or rental agreement is guilty of petit larceny which is also triable and punishable as such.

(B) Any person having a video or cassette tape in his possession or under his control by virtue of a lease or rental agreement, the original dollar amount of which is more than two hundred dollars, who wilfully and fraudulently fails to return the video or cassette tape within seventy-two hours after the lease or rental agreement has expired, or who fraudulently secretes or appropriates this property to any use or purpose not within the due and lawful execution of his lease or rental agreement is guilty of grand larceny which is also triable and punishable as such."

Time effective

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

Approved the 11th day of June, 1993.