South Carolina General Assembly
110th Session, 1993-1994

Bill 4559


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               House
Bill Number:                    4559
Primary Sponsor:                Cromer
Committee Number:               25
Type of Legislation:            GB
Subject:                        Fraudulent checks,
                                restitution within ten days
Residing Body:                  House
Current Committee:              Judiciary
Computer Document Number:       GJK/20244SD.94
Introduced Date:                19940119
Last History Body:              House
Last History Date:              19940119
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Cromer
Type of Legislation:            General Bill



History


Bill  Body    Date          Action Description              CMN  Leg Involved
____  ______  ____________  ______________________________  ___  ____________

4559  House   19940119      Introduced, read first time,    25
                            referred to Committee

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

A BILL

TO AMEND SECTION 34-11-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FRAUDULENT CHECKS, SO AS TO PROVIDE THAT THE PRESIDING JUDGE SHALL ALSO REQUIRE RESTITUTION WITHIN TEN DAYS OF THE SENTENCE IN ADDITION TO ANY OTHER PENALTIES IMPOSED.

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

SECTION 1. Section 34-11-90(c) and (d) of the 1976 Code are amended to read:

"(c) After a first offense conviction for drawing and uttering a fraudulent check or other instrument in violation of Section 34-11-60 within its jurisdiction, the court shall, at the time of sentence, suspend the imposition or execution of a sentence upon a showing of satisfactory proof of restitution and payment by the defendant of all reasonable court costs accruing not to exceed twenty dollars require restitution within ten days of the sentence in addition to the other penalties authorized by this section. The restitution must be in an amount determined by the court and failure to make restitution as required by the court is punishable as contempt. For a second and subsequent convictions for violation of Section 34-11-60, the suspension of the imposition or execution of the sentence shall be discretionary with the court.

(d) After a conviction or plea for drawing and uttering a fraudulent check or other instrument in violation of Section 34-11-60 and the defendant is charged or fined, he shall pay, in addition to the fine and restitution, all reasonable court costs accruing, not to exceed twenty dollars, and the service charge provided in Section 34-11-70."

SECTION 2. This act takes effect upon approval by the Governor.

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