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					                                 South Carolina General Assembly
                                     115th Session, 2003-2004

S. 62

STATUS INFORMATION

General Bill
Sponsors: Senators Elliott and Reese
Document Path: l:\council\bills\pt\1127mm03.doc

Introduced in the Senate on January 14, 2003
Currently residing in the Senate Committee on Banking and Insurance

Summary: Fraudulent checks; number of days individual may hold check prior to cashing with drawer
remaining liable for if insufficient funds with bank increased


HISTORY OF LEGISLATIVE ACTIONS

    Date     Body     Action Description with journal page number
 12/4/2002   Senate   Prefiled
 12/4/2002   Senate   Referred to Committee on Judiciary
 1/14/2003   Senate   Introduced and read first time SJ-45
 1/14/2003   Senate   Referred to Committee on Judiciary SJ-45
 1/21/2003   Senate   Recalled from Committee on Judiciary SJ-229
 1/21/2003   Senate   Committed to Committee on Banking and Insurance SJ-229


VERSIONS OF THIS BILL

12/4/2002
 1
 2
 3
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 5
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 7
 8
 9                              A BILL
10
11   TO AMEND SECTION 34-11-60, AS AMENDED, CODE OF
12   LAWS OF SOUTH CAROLINA, 1976, RELATING TO
13   DRAWING AND UTTERING FRAUDULENT CHECKS, SO AS
14   TO CHANGE FROM TEN TO TWENTY THE NUMBER OF
15   CALENDAR DAYS AN INDIVIDUAL MAY HOLD A CHECK
16   BEFORE CASHING TO ASSERT LIABILITY OF THE
17   DRAWER FOR UTTERING A FRAUDULENT CHECK IF
18   SUFFICIENT FUNDS ARE NOT ON DEPOSIT WITH THE
19   BANK OF THE DRAWER.
20
21   Be it enacted by the General Assembly of the State of South
22   Carolina:
23
24   SECTION 1. Section 34-11-60(d) of the 1976 Code, as last
25   amended by Act 87 of 1999, is further amended to read:
26
27     “(d)(1) The word ‘credit’ as used in this section means securing
28   further advances of money, goods, or services by means of a
29   check, draft, or other written order, given in whole or in part
30   payment of a then-existing account. Payment for meals, lodging,
31   or other goods or services at a hotel, motel, or other hostelry by
32   means of a check, draft, or other written order before or upon
33   departure or checkout from the hostelry is obtaining those goods or
34   services by means of a check, draft, or other written order for the
35   purposes of this section.
36        (2) This section applies to a check given in full or partial
37   payment of any a preexisting debt.
38        (3) This section does not apply to the giving of:
39           (i) a check, draft, or other written order if the payee
40   knows, has been expressly notified, or has reason to believe that
41   the drawer did not have an account or have on deposit with the
42   drawee sufficient funds to ensure payment of the check,; nor or

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 1            (ii) to any a check which has that is not been deposited to
 2   an account of the payee within a period of ten twenty days from
 3   the date the check was presented to the payee.
 4        (4) It is also unlawful for any other another person to induce,
 5   solicit, or to aid and abet any other another person to draw, make,
 6   utter, issue, or deliver to any another person including himself any
 7   check, draft, or other written order on any a bank or depository for
 8   the payment of money or its equivalent, being informed, knowing,
 9   or having reasonable cause for believing at the time of the
10   inducing, soliciting, or the aiding and abetting that the maker or the
11   drawer of the check, draft, or other written order has not sufficient
12   insufficient funds on deposit in, or an account with, the bank or
13   depository with which to pay the same check, draft, or order upon
14   presentation.”
15
16   SECTION 2. This act takes effect upon approval by the Governor.
17                            ----XX----
18




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