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TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMISSIVE DISMISSAL BY A COURT OF A PROSECUTION FOR A DISHONORED CHECK UPON RESTITUTION, SO AS TO MAKE THE DISMISSAL MANDATORY; AND TO AMEND SECTION 34-11-100, RELATING TO THE EFFECT OF PAYMENT OF A DISHONORED CHECK AFTER THE INITIATION OF PROSECUTION, SO AS TO PROVIDE THAT PAYMENT IS GROUNDS FOR DISMISSAL OF THE CHARGES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 34-11-70(c) of the 1976 Code, as last amended by Act 226 of 2000, is further amended to read:
"(c) Any A court, including magistrates, may shall dismiss any a prosecution initiated pursuant to the provisions of this chapter on satisfactory proof of restitution and payment by the defendant of all administrative costs accruing not to exceed forty-one dollars submitted before the date set for trial after the issuance of a warrant."
SECTION 2. Section 34-11-100 of the 1976 Code is amended to read:
"Section 34-11-100. After prosecution is initiated as provided in this chapter, the payment of a dishonored check, draft, or order shall not constitute a defense or is grounds for dismissal of charges brought under pursuant to this chapter, but such payment may be considered in mitigation of the sentence by the trial judge or magistrate."
SECTION 3. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 4. This act takes effect upon approval by the Governor and applies to all prosecutions pending or initiated after that date.
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