South Carolina General Assembly
117th Session, 2007-2008

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S. 1063

STATUS INFORMATION

General Bill
Sponsors: Senator Martin
Document Path: l:\s-res\lam\045chec.dag.doc

Introduced in the Senate on February 5, 2008
Introduced in the House on March 12, 2008
Last Amended on March 6, 2008
Currently residing in the House Committee on Labor, Commerce and Industry

Summary: Fraudulent checks

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
    2/5/2008  Senate  Introduced and read first time SJ-11
    2/5/2008  Senate  Referred to Committee on Banking and Insurance SJ-11
    3/4/2008  Senate  Committee report: Favorable Corrections and Penology 
                        SJ-12
    3/5/2008          Scrivener's error corrected
    3/6/2008  Senate  Amended SJ-5
    3/6/2008  Senate  Read second time SJ-5
   3/11/2008  Senate  Read third time and sent to House SJ-10
   3/12/2008  House   Introduced and read first time HJ-11
   3/12/2008  House   Referred to Committee on Labor, Commerce and Industry 
                        HJ-11

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/5/2008
3/4/2008
3/5/2008
3/6/2008

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

Indicates Matter Stricken

Indicates New Matter

AMENDED

March 6, 2008

S. 1063

Introduced by Senator Martin

S. Printed 3/6/08--S.

Read the first time February 5, 2008.

            

A BILL

TO AMEND SECTION 34-11-60(D) OF THE 1976 CODE, RELATING TO THE DRAWING OF A FRAUDULENT CHECK, TO INCREASE THE TIME A PAYEE HAS TO DEPOSIT A CHECK TO TWENTY-ONE DAYS SO THAT THE DRAWER OF THE CHECK MAY BE PROSECUTED.

Amend Title To Conform

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

SECTION    1.    Section 34-11-60(d) of the 1976 Code is amended to read:

"(d)    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. This section applies to a check given in full or partial payment of any preexisting debt. This section does not apply to the giving of 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 to any check which has not been deposited to an account of the payee within a period of ten twenty-one days from the date the check was presented to the payee. It is also unlawful for any person to induce, solicit, or to aid and abet any other person to draw, make, utter, issue, or deliver to any person including himself any check, draft, or other written order on any 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 funds on deposit in, or an account with, the bank or depository with which to pay the same upon presentation."

SECTION 2.    This act takes effect January 1, 2009.

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This web page was last updated on Monday, October 10, 2011 at 1:30 P.M.