Current Status Bill Number:1147 Ratification Number:456 Act Number:432 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19960215 Primary Sponsor:Hayes All Sponsors:Hayes Drafted Document Number:dka\3527cm.96 Date Bill Passed both Bodies:19960523 Date of Last Amendment:19960423 Governor's Action:S Date of Governor's Action:19960604 Subject:Video or cassette tape, notice of expiration of rental
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
------ 19960709 Act No. A432
------ 19960604 Signed by Governor
------ 19960530 Ratified R456
House 19960523 Read third time, enrolled for
ratification
House 19960522 Read second time
House 19960522 Reconsidered vote whereby
debate was adjourned
House 19960521 Debate adjourned until
Tuesday, 19960528
House 19960515 Committee report: Favorable 25 HJ
House 19960430 Introduced, read first time, 25 HJ
referred to Committee
Senate 19960425 Read third time, sent to House
Senate 19960423 Amended, read second time
Senate 19960417 Committee report: Favorable with 11 SJ
amendment
Senate 19960215 Introduced, read first time, 11 SJ
referred to Committee
View additional legislative information at the LPITS web site.
(A432, R456, S1147)
AN ACT TO AMEND SECTION 16-13-425, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL FAILURE TO RETURN A LEASED OR RENTED VIDEO OR CASSETTE TAPE, SO AS TO PROVIDE THAT NOTICE OF THE EXPIRATION OF THE LEASE OR RENTAL PERIOD MUST BE PROVIDED TO THE LESSOR OR RENTER AS A PREREQUISITE FOR A WARRANT TO BE ISSUED PURSUANT TO THIS PROVISION.
Be it enacted by the General Assembly of the State of South Carolina:
Failure to return a video or cassette tape
SECTION 1. Section 16-13-425 of the 1976 Code, as last amended by Section 8, Part I, Act 7 of 1995, is further amended to read:
"Section 16-13-425. (A) A person having a video or cassette tape in his possession or under his control by virtue of a lease or rental agreement, 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:
(1) petit larceny if the dollar amount of the video or cassette tape lease or rental agreement is one thousand dollars or less. Upon conviction, the person must be fined or imprisoned as provided for petit larceny;
(2) grand larceny and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the dollar amount of the video or cassette tape lease or rental agreement is more than one thousand dollars but less than five thousand dollars;
(3) grand larceny and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the original dollar amount of the video or cassette tape lease or rental agreement is five thousand dollars or more.
(B) As a prerequisite for a warrant to be issued pursuant to this section, notice of the expiration of the lease or rental period must be given by the merchant by certified mail, addressed to the person at the address recorded on the lease or rental contract. The giving of notice is complete upon the expiration of five days after serving the notice. A certificate retained by the merchant showing that the notice was mailed is presumptive proof that the requirements of this subsection have been met, even though the notice may not have been received by the addressee."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 4th day of June, 1996.