South Carolina General Assembly
116th Session, 2005-2006

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H. 4293

STATUS INFORMATION

General Bill
Sponsors: Reps. Kirsh, Clark, Altman, Vaughn and Cotty
Document Path: l:\council\bills\bbm\9006mm06.doc

Introduced in the House on January 10, 2006
Currently residing in the House Committee on Judiciary

Summary: Financial transaction card forgery and fraud

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  11/16/2005  House   Prefiled
  11/16/2005  House   Referred to Committee on Judiciary
   1/10/2006  House   Introduced and read first time HJ-18
   1/10/2006  House   Referred to Committee on Judiciary HJ-19

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

11/16/2005

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTIONS 16-14-40 AND 16-14-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINANCIAL TRANSACTION CARD FORGERY AND FRAUD, RESPECTIVELY, SO AS TO MAKE IT UNLAWFUL TO MAKE AN UNAUTHORIZED MATERIAL ALTERATION TO WRITTEN OR MECHANICALLY OR ELECTRONICALLY PRODUCED EVIDENCE OF THE FINANCIAL TRANSACTION AND TO DEFINE "MATERIAL ALTERATION".

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

SECTION    1.    Section 16-14-40(a) of the 1976 Code is amended to read:

"(a)    A person is guilty of financial transaction card forgery when:

(1)    with intent to defraud a purported issuer, a person or organization providing money, goods, services, or anything else of value, or any other person, he falsely makes or falsely embosses a purported financial transaction card or utters such a financial transaction card;

(2)    with intent to defraud a purported issuer, a person or organization providing money, goods, services, or anything else of value, or any other person, he falsely encodes, duplicates or alters existing encoded information on a financial transaction card or utters such a financial transaction card;

(3)    with intent to defraud a purported issuer, a person or organization providing money, goods, services, or anything else of value, or any other person, making or causing to be made an unauthorized material alteration to the written or mechanically or electronically produced evidence of the financial transaction. 'Material alteration' has the same meaning as provided in Section 36-3-407(1);

(4)    he, not being the cardholder or a person authorized by him with intent to defraud the issuer, or a person or organization providing money, goods, services, or anything else of value, or any other person, signs a financial transaction card."

SECTION    2.    Section 16-14-60(a)(2) of the 1976 Code is amended to read:

"(2)    obtains money, goods, services, or anything else of value by:

a.    representing without the consent of the specified cardholder that he has permission to use it;

b.    presenting the financial transaction card without the authorization or permission of the cardholder;

c.    representing that he is the holder of a card and the card has not in fact been issued;

d.    using a financial transaction card to knowingly and wilfully exceed:

(i)        the actual balance of a demand deposit account or time deposit account;

(ii)    an authorized credit line in an amount which exceeds the authorized credit line by five hundred dollars or fifty percent of the authorized credit line, whichever is greater, if the cardholder has not paid to the issuer of the financial transaction card the total amount of the excess over the authorized credit line within ten days after notice to the cardholder by certified mail to the last known address that the credit line has been exceeded. Failure to pay the amount in excess of the authorized credit line after the notice is prima facie evidence of an intent to defraud;

e.    with intent to defraud a purported issuer, a person or organization providing money, goods, services, or anything else of value, or any other person, making or causing to be made an unauthorized material alteration to the written or mechanically or electronically produced evidence of the financial transaction. 'Material alteration' has the same meaning as provided in Section 36-3-407(1);"

SECTION    3.    This act takes effect upon approval by the Governor.

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