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Indicates Matter Stricken
Indicates New Matter
Sponsors: Senators Elliott and Reese
Document Path: l:\council\bills\pt\1127mm03.doc
Introduced in the Senate on January 14, 2003
Currently residing in the Senate Committee on Banking and Insurance
Summary: Fraudulent checks; number of days individual may hold check prior to cashing with drawer remaining liable for if insufficient funds with bank increased
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/4/2002 Senate Prefiled 12/4/2002 Senate Referred to Committee on Judiciary 1/14/2003 Senate Introduced and read first time SJ-45 1/14/2003 Senate Referred to Committee on Judiciary SJ-45 1/21/2003 Senate Recalled from Committee on Judiciary SJ-229 1/21/2003 Senate Committed to Committee on Banking and Insurance SJ-229
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 34-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING AND UTTERING FRAUDULENT CHECKS, SO AS TO CHANGE FROM TEN TO TWENTY THE NUMBER OF CALENDAR DAYS AN INDIVIDUAL MAY HOLD A CHECK BEFORE CASHING TO ASSERT LIABILITY OF THE DRAWER FOR UTTERING A FRAUDULENT CHECK IF SUFFICIENT FUNDS ARE NOT ON DEPOSIT WITH THE BANK OF THE DRAWER.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 34-11-60(d) of the 1976 Code, as last amended by Act 87 of 1999, is further amended to read:
"(d)(1) The word 'credit' as used in this section means securing further advances of money, goods, or services by means of a check, draft, or other written order, given in whole or in part payment of a then-existing account. Payment for meals, lodging, or other goods or services at a hotel, motel, or other hostelry by means of a check, draft, or other written order before or upon departure or checkout from the hostelry is obtaining those goods or services by means of a check, draft, or other written order for the purposes of this section.
(2) This section applies to a check given in full or partial payment of
any a preexisting debt.
(3) This section does not apply to the giving of:
(i) a check, draft, or other written order if the payee knows, has been expressly notified, or has reason to believe that the drawer did not have an account or have on deposit with the drawee sufficient funds to ensure payment of the check
,; nor or
to any a check which has that is not been deposited to an account of the payee within a period of ten twenty days from the date the check was presented to the payee.
(4) It is also unlawful for
any other another person to induce, solicit, or to aid and abet any other another person to draw, make, utter, issue, or deliver to any another person including himself any check, draft, or other written order on any a bank or depository for the payment of money or its equivalent, being informed, knowing, or having reasonable cause for believing at the time of the inducing, soliciting, or the aiding and abetting that the maker or the drawer of the check, draft, or other written order has not sufficient insufficient funds on deposit in, or an account with, the bank or depository with which to pay the same check, draft, or order upon presentation."
SECTION 2. This act takes effect upon approval by the Governor.
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