Current Status Bill Number:
3486Ratification Number: 249Act Number: 235Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19950202Primary Sponsor: TrippAll Sponsors: Tripp, Cromer, Sandifer, Cobb-Hunter, Baxley, Kennedy, Wright, Tucker, Bailey, Stille, Littlejohn, Robinson, Richardson, Huff, Lanford, Wilder, Jaskwhich, Shissias, Vaughn, Simrill, Wells, Trotter, Whatley, Stuart, Rhoad, Govan, Easterday, Seithel, Allison, D. Smith, Cotty, Gamble, Limehouse, A. Young, Koon, J. Harris, Harrison, Fleming, Harvin, Mason, Kirsh, Rice, Marchbanks, Carnell, Meacham, Haskins, Harrell, Cain and JenningsDrafted Document Number: gjk\21231sd.95Date Bill Passed both Bodies: 19960213Date of Last Amendment: 19960201Governor's Action: SDate of Governor's Action: 19960304Subject: Checks, fraudulent
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ ------ 19960313 Act No. A235 ------ 19960304 Signed by Governor ------ 19960227 Ratified R249 House 19960213 Concurred in Senate amendment, enrolled for ratification House 19960208 Debate adjourned on Senate amendments until Tuesday, 19960213 Senate 19960206 Read third time, returned to House with amendment Senate 19960201 Amended, read second time, ordered to third reading with notice of general amendments Senate 19960131 Committee report: Favorable with 11 SJ amendment Senate 19950411 Introduced, read first time, 11 SJ referred to Committee House 19950406 Read third time, sent to Senate House 19950405 Read second time House 19950404 Debate adjourned until Wednesday, 19950405 House 19950404 Amended House 19950329 Committee report: Favorable with 25 HJ amendment House 19950202 Introduced, read first time, 25 HJ referred to CommitteeView additional legislative information at the LPITS web site.
(A235, R249, H3486)
AN ACT TO AMEND SECTION 34-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRAWING AND UTTERING OF FRAUDULENT CHECKS, DRAFTS, OR OTHER WRITTEN ORDERS, SO AS TO PROVIDE THAT THE SECTION DOES APPLY TO ANY CHECK GIVEN IN FULL OR PARTIAL PAYMENT OF A PREEXISTING DEBT WHICH RESULTED FROM A REVOLVING CREDIT ACCOUNT WHICH IS NOT A CONSUMER CREDIT TRANSACTION, AND TO PROVIDE THAT FAILURE OF THE PERSON RECEIVING A CHECK TO OBTAIN CERTAIN INFORMATION SHALL NOT WARRANT DISMISSAL OF PROSECUTION, BUT THE PERSON BRINGING THE ACTION HAS THE BURDEN OF PROVING THAT THE DEFENDANT SIGNED OR ENDORSED THE CHECK AND PRESENTED IT IN PAYMENT OF A DEBT OR OBLIGATION.
Be it enacted by the General Assembly of the State of South Carolina:
Application of section revised
SECTION 1. Section 34-11-60(b) of the 1976 Code is amended to read:
"(b) In any prosecution or action under the provisions of this section, a check, draft, or other written order for which the information required in item (1) of this subsection is available at the time of issuance shall constitute prima facie evidence of the identity of the party issuing the check, draft, or other written order and that such person was a party authorized to draw upon the named account. The failure of the person receiving the check to obtain the information specified in items (1) or (2) of this subsection shall not warrant dismissal of a prosecution or other action brought pursuant to this section, but the party bringing the action shall in such circumstances have the burden of proving that the defendant signed or endorsed the check and presented it in payment of some debt or other obligation.
(1) To establish this prima facie evidence, the full name, residence address, and home telephone number of the person presenting the check, draft, or other written order shall be obtained by the party receiving the instrument. This information may be provided by having the information recorded on the check or instrument itself, or the number of a check-cashing identification card issued by the receiving party may be recorded on the check. The check-cashing identification card shall be issued only after the full name, residence address, and home telephone number of the person presenting the check, draft, or other written order has been placed on file by the receiving party.
(2) In addition to the information required in item (1) of this subsection, the party receiving a check shall witness the signature or endorsement of the party presenting the check and as evidence of such, the receiving party shall initial the check. Validation by a bank teller machine shall constitute compliance with this item."
No dismissal of action; burden of proof
SECTION 2. Section 34-11-60(d) of the 1976 Code, as last amended by Act 669 of 1988, is further 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 any hotel, motel, or other hostelry by means of a check, draft, or other written order at any time prior to or upon departure or checkout from the hostelry must be construed as obtaining those goods or services by means of such check, draft, or other written order for the purposes of this section. This section does not apply to any check given only in full or partial payment of a preexisting debt unless given to satisfy a preexisting debt which resulted from a revolving credit account which is not a consumer credit transaction as defined in Section 37-1-301(11), to the giving of any check, draft, or other written order where 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 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 3. This act takes effect upon approval by the Governor.
Approved the 4th day of March, 1996.