Current Status Bill Number:210 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950110 Primary Sponsor:Land All Sponsors:Land Drafted Document Number:PT\1484DW.95 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Rented video or cassette tapes
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19950426 Introduced, read first time, 25 HJ
referred to Committee
Senate 19950425 Read third time, sent to House
Senate 19950419 Read second time
Senate 19950418 Committee report: Favorable 11 SJ
Senate 19950110 Introduced, read first time, 11 SJ
referred to Committee
Senate 19941017 Prefiled, referred to Committee 11 SJ
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Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
April 18, 1995
S. 210
S. Printed 4/18/95--S.
Read the first time January 10, 1995.
To whom was referred a Bill (S. 210), to amend Section 16-13-425, as amended, Code of Laws of South Carolina, 1976, relating to the crime of failing to return rented video or cassette tapes, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass:
C. TYRONE COURTNEY, for Committee.
TO AMEND SECTION 16-13-425, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF FAILING TO RETURN RENTED VIDEO OR CASSETTE TAPES, SO AS TO PROVIDE THAT A COURT MAY DISMISS ANY PROSECUTION INITIATED PURSUANT TO THE PROVISIONS OF THIS SECTION FOR FIRST OFFENSE ON SATISFACTORY PROOF OF RESTITUTION AND PAYMENT OF AN ADMINISTRATIVE COST, AND PROVIDE THAT NO WARRANT FOR A VIOLATION OF THIS SECTION MAY BE OBTAINED MORE THAN THIRTY DAYS AFTER THE DATE THE RENTAL AGREEMENT HAS EXPIRED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-13-425 of the 1976 Code, as last amended by Act 184 of 1993, 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 less than five years 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 if the original dollar amount of the video or cassette tape lease or rental agreement is five thousand dollars or more.
(B) Notwithstanding the provisions of subsection (A), any court, including magistrate's, may dismiss any prosecution initiated pursuant to the provisions of this section for a first offense on satisfactory proof of restitution and payment by the defendant of all administrative costs accruing not to exceed fifty dollars submitted before the date set for trial after issuance of a warrant.
(C) No warrant for a violation of this section may be obtained more than thirty days after the date the rental agreement has expired."
SECTION 2. This act takes effect upon approval by the Governor.