South Carolina General Assembly
108th Session, 1989-1990

Bill 3078


                    Current Status

Bill Number:               3078
Ratification Number:       267
Act Number                 174
Introducing Body:          House
Subject:                   Relating to the jurisdiction of offenses
                           and penalties for persons drawing and uttering
                           a fraudulent check
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A174, R267, H3078)

AN ACT TO AMEND SECTION 34-11-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF OFFENSES AND PENALTIES FOR PERSONS DRAWING AND UTTERING A FRAUDULENT CHECK OR OTHER INSTRUMENT, SO AS TO INCREASE THE JURISDICTION OF MAGISTRATES TO HEAR FIRST OR SECOND OFFENSE VIOLATIONS OF CHAPTER 11 OF TITLE 34 FROM TWO HUNDRED TO FIVE HUNDRED DOLLARS AND TO PROVIDE THAT IF THE AMOUNT OF THE INSTRUMENT IS OVER FIVE HUNDRED DOLLARS THE OFFENSE MUST BE TRIED IN THE COURT OF GENERAL SESSIONS OR OTHER COURT HAVING CONCURRENT JURISDICTION, AND PROVIDE FOR A THIRD OR SUBSEQUENT CONVICTION OF CHAPTER 11 OF TITLE 34, A PERSON MAY BE TRIED IN EITHER MAGISTRATE'S COURT OR IN THE COURT OF GENERAL SESSIONS; AND TO INCREASE THE PENALTY FOR VIOLATIONS.

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

Jurisdiction - amount of instrument

SECTION 1. The first paragraph of Section 34-11-90 of the 1976 Code is amended to read:

"A person violating the provisions of this chapter, upon conviction, for a first or second offense must be punished as follows:

If the amount of the instrument is five hundred dollars or less, it must be tried exclusively in a magistrate's court. A municipal governing body, by ordinance, may adopt by reference the provisions of this chapter as an offense under its municipal ordinances and by so doing authorizes its municipal court to try violations of this chapter. If the amount of the instrument is over five hundred dollars, it must be tried in the court of general sessions or any other court having concurrent jurisdiction. Notwithstanding the provisions of this paragraph, a person violating the provisions of this chapter, upon conviction for a third or subsequent conviction, may be tried in either a magistrate's court or in the court of general sessions."

Penalties

SECTION 2. Section 34-11-90(a) and (b) of the 1976 Code are amended to read:

"(a) Convictions in a magistrate's court are punishable as follows: for a first conviction by a fine of not less than fifty dollars nor more than two hundred dollars or by imprisonment for not more than thirty days; for a second or subsequent conviction by a fine of two hundred dollars or by imprisonment for thirty days.

(b) Convictions in the court of general sessions or any other court having concurrent jurisdiction are punishable as follows: for a first conviction by a fine of not less than three hundred dollars nor more than one thousand dollars or by imprisonment for not more than two years, or both; and for a second and each subsequent conviction by a fine of not less than five hundred dollars nor more than two thousand dollars and imprisonment for not less than thirty days nor more than ten years."

Time effective

SECTION 3. This act takes effect ninety days after approval by the Governor.