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Indicates Matter Stricken
Indicates New Matter
Sponsors: Reps. Kennedy, Snow and Clark
Document Path: l:\council\bills\swb\5130cm03.doc
Companion/Similar bill(s): 3533
Introduced in the House on January 22, 2003
Currently residing in the House Committee on Judiciary
Summary: Unlawful to obtain goods on credit with the intent not to pay
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/22/2003 House Introduced and read first time HJ-17 1/22/2003 House Referred to Committee on Judiciary HJ-18
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, 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. Article 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. A person whose driver's license is suspended pursuant to this subsection must pay a one hundred dollar fee to have his driver's license reinstated which must be transferred to the Department of Public Safety."
SECTION 2. This act takes effect upon approval by the Governor.
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