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Bill 5092

                    Current Status

Bill Number:                      5092
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20020410
Primary Sponsor:                  Kennedy
All Sponsors:                     Kennedy, Hosey, Altman, Bales, Battle, G. 
                                  Brown, R. Brown, Clyburn, Dantzler, Emory, 
                                  Harvin, Hayes, J. Hines, Keegan, Koon, 
                                  Littlejohn, McCraw, Miller, J.M. Neal, 
                                  Neilson, Parks, Phillips, Stille and Whatley
Drafted Document Number:          l:\council\bills\swb\5303djc02.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Merchandise, goods, personal property, 
                                  etc., unlawful for person to obtain without 
                                  intention of paying; circumstantial evidence 
                                  is admissible as evidence


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20020410  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill

TO AMEND CHAPTER 13, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORGERY, LARCENY, CHEATS, AND OFFENSES AGAINST PROPERTY, BY ADDING SECTION 16-13-270 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO OBTAIN GOODS, WARES, MERCHANDISE, OR ANOTHER ITEM OF PERSONAL PROPERTY ON CREDIT FROM AN ESTABLISHMENT AT WHICH GOODS, WARES, MERCHANDISE, OR ANOTHER ITEM OF PERSONAL PROPERTY IS OFFERED FOR RETAIL SALE WITH THE INTENT NOT TO PAY FOR THE GOODS, WARES, MERCHANDISE, OR ANOTHER ITEM OF PERSONAL PROPERTY WHEN PAYMENT BECOMES DUE, TO PROVIDE THAT CIRCUMSTANTIAL AS WELL AS DIRECT EVIDENCE IS ADMISSIBLE TO PROVE A PERSON'S INTENTION NOT TO PAY FOR GOODS, WARES, MERCHANDISE, OR ANOTHER ITEM OF PERSONAL PROPERTY OBTAINED ON CREDIT, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.

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

SECTION 1.    Chapter 13, Title 16 of the 1976 Code is amended by adding:

    "Section 16-13-270.    (A)    It is unlawful for a person to obtain goods, wares, merchandise, or another item of personal property on credit from an establishment at which goods, wares, merchandise, or items of personal property are offered for retail sale with the intent not to pay for the goods, wares, merchandise, or another item of personal property when payment becomes due.

    (B)    In a prosecution under this section circumstantial as well as direct evidence is admissible to prove a person's intention not to pay for goods, wares, merchandise, or another item of personal property obtained on credit.

    (C)    A person who intentionally violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both, and, in the discretion of the sentencing judge, the person's driver's license may be suspended for a period not to exceed thirty days for a first offense and for a period not to exceed ninety days for a second or subsequent offense."

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

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