South Carolina General Assembly
113th Session, 1999-2000

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Bill 3886


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      3886
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990408
Primary Sponsor:                  D. Smith
All Sponsors:                     D. Smith
Drafted Document Number:          l:\council\bills\dka\3391mm99.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Checks, fraudulent; worthless check unit 
                                  provided in circuit court solicitor's office, 
                                  deferred prosecution, Banks


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   19990408  Introduced, read first time,           25 HJ
                  referred to Committee


                             Versions of This Bill

View additional legislative information at the LPITS web site.


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

A BILL

TO AMEND CHAPTER 11 OF TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANK DEPOSITS, BY ADDING SECTION 34-11-105 SO AS TO PROVIDE FOR A WORTHLESS CHECK UNIT OF THE CIRCUIT SOLICITOR'S OFFICE, DEFERRED PROSECUTION FOR ISSUING A FRAUDULENT CHECK, CONDITIONED UPON VOLUNTARY SURRENDER AND PAYMENT OF FEES AND RESTITUTION, AND DISTRIBUTION OF MONIES RECEIVED.

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

SECTION 1. Chapter 11 of Title 34 of the 1976 Code is amended by adding:

"Section 34-11-105. (A) A circuit solicitor may establish in his discretion, a special services division of his office under his direction and control. A section of the special services division of each circuit solicitor's office may be organized as a worthless check unit, with sufficient staff and resources effectively to operate the unit. The worthless check unit of the special services division of the circuit solicitor's office is created for the purpose of processing worthless checks.

(B)(1) After following the provisions of Sections 34-11-60 and 34-11-70, a party holding a worthless negotiable instrument may present a 'complaint' to the worthless check unit of the special services division of the circuit solicitor's office. The complaint must be evaluated by the worthless check unit, under the direction of the solicitor, to determine whether or not the complaint is appropriate to be processed by the worthless check unit based on, but not limited to, the following guidelines:

(a) the amount of the check as recited in the complaint;

(b) a prior criminal record of violations by the defendant involving issuing worthless checks;

(c) the number of checks previously received by the circuit solicitor on this defendant;

(d) worthless check charges pending against the defendant; and

(e) the strength of the evidence of intent to defraud the victim.

(2) If, after filing a complaint with the worthless check unit, the victim wishes to withdraw the complaint for good cause, the victim shall satisfy the service charge of thirty dollars to the worthless check unit for processing the complaint.

(C) After approval of the complaint and issuance of a warrant, the warrant may be held by the worthless check unit. The unit shall forward a notice, by certified mail return receipt requested, to the accused that a warrant has been issued for his arrest. The notice must inform the accused that he may be eligible for deferred prosecution by voluntarily surrendering himself to the worthless check unit within ten business days from the date of the receipt of the notice.

(D) Upon voluntary surrender, the accused shall be presented with the warrant and prosecution may be deferred upon payment to the worthless check unit of restitution and the service charge for processing the check. The unit may allow the accused to sign a restitution agreement which must contain the terms by which the restitution and service charge must be paid.

(E) If the accused does not surrender himself voluntarily or if no restitution is paid nor restitution agreement entered into, or if the accused does not comply with the restitution agreement, the violation must be prosecuted in accordance with applicable laws and procedures.

(F) The terms of the written, signed restitution agreement must be determined on a case by case basis by the worthless check unit, but the duration of the agreement may not be longer than six months. Interest may not be charged or collected on either restitution or fees.

(G) In those cases where the accused voluntarily surrenders pursuant to notice within the ten business days, the worthless check unit may collect the sum of forty dollars from the accused as a service charge for processing the check.

(H)(1) Restitution must be collected by the worthless check unit and deposited into an account maintained solely for that purpose. After a reasonable time for accounting and bookkeeping purposes, the worthless check unit shall disburse to the victim all restitution collected in connection with the original complaint filed. If the victim cannot be located after a reasonable time and upon diligent efforts to locate him, the restitution due the victim must be deposited into the worthless check fund as provided in item (2) of this subsection.

(2) All fees or charges, other than court costs, collected by the worthless check unit in accordance with this section must be paid to the county treasurers of the counties comprising the circuit, on a pro rata basis, into a fund known as the worthless check fund. Sixty-five percent of funds collected pursuant to subsection (G) of this section must be used and expended by the circuit solicitor to defray the reasonable expenses incurred by the office of the solicitor. The treasurers of the counties shall make disbursements of the funds upon requisition of the solicitor except that this item must not reduce the amount budgeted to the solicitor otherwise. Thirty-five percent of the funds collected pursuant to subsection (G) must be used by the counties for the reasonable expenses incurred in the administration of this deferred prosecution program. All of the funds collected but undistributed pursuant to restitution as provided in subsection (H)(1) must be deposited on a pro rata basis in the general funds of the counties comprising the circuit, and must be expended only for the reasonable and necessary expenses of law enforcement.

(I) This section in no way prohibits or precludes the office of the solicitor from proceeding with the prosecution of any violation of this chapter as provided by applicable law and procedures."

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

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