2003-2004 Bill 3533: Unlawful to Obtain Goods on Credit with Intent Not to Pay; Circumstantial

South Carolina General Assembly

115th Session, 2003-2004

H. 3533

STATUS INFORMATION

General Bill

Sponsors: Reps. Kennedy and Lloyd

Document Path: l:\council\bills\swb\5171cm03.doc

Companion/Similar bill(s): 3398

Introduced in the House on February 6, 2003

Currently residing in the House Committee on Judiciary

Summary: Unlawful to obtain goods on credit with intent not to pay; circumstantial evidence; drivers license suspension

HISTORY OF LEGISLATIVE ACTIONS

DateBodyAction Description with journal page number

2/6/2003HouseIntroduced and read first time HJ10

2/6/2003HouseReferred to Committee on JudiciaryHJ11

VERSIONS OF THIS BILL

2/6/2003

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1613270 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO OBTAIN GOODS, WARES, MERCHANDISE, OR OTHER ITEMS OF PERSONAL PROPERTY ON CREDIT FROM AN ESTABLISHMENT AT WHICH GOODS, WARES, MERCHANDISE, OR OTHER ITEMS OF PERSONAL PROPERTY ARE OFFERED FOR RETAIL SALE WITH THE INTENT NOT TO PAY FOR THE GOODS, WARES, MERCHANDISE, OR OTHER ITEMS OF PERSONAL PROPERTY WHEN PAYMENT BECOMES DUE, TO PROVIDE THAT CIRCUMSTANTIAL AS WELL AS DIRECT EVIDENCE IS ADMISSIBLE TO PROVE A PERSON’S INTENTION NOT TO PAY FOR GOODS, WARES, MERCHANDISE, OR OTHER ITEMS OF PERSONAL PROPERTY OBTAINED ON CREDIT, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION; AND TO AMEND SECTION 561292, RELATING TO THE SUSPENSION OF THE DRIVER’S LICENSE OF A PERSON CONVICTED OF FAILING TO PAY FOR GASOLINE, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO A PERSON WHO FAILS TO PAY FOR CERTAIN OTHER GOODS WHEN PAYMENT BECOMES DUE.

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

SECTION 1.Article 1, Chapter 13, Title 16 of the 1976 Code is amended by adding:

“Section 1613270.(A)It is unlawful for a person to obtain goods, wares, merchandise, or other items of personal property on credit from an establishment at which goods, wares, merchandise, or items of personal property are offered for retail sale with the intent not to pay for the goods, wares, merchandise, or other items of personal property when payment becomes due.

(B)In a prosecution under this section circumstantial as well as direct evidence is admissible to prove a person’s intention not to pay for goods, wares, merchandise, or other items of personal property obtained on credit.

(C)A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both, and, in the discretion of the sentencing judge, the person’s driver’s license must be suspended until the person satisfies the debt he created under subsection (A). A person whose driver’s license is suspended pursuant to this subsection must pay a one hundred dollar fee to have his driver’s license reinstated which must be transferred to the Department of Public Safety.”

SECTION2.Section 561292 of the 1976 Code, as added by Act 223 of 2000, is amended to read:

“Section 561292.In addition to the grounds for suspension or revocation of a driver’s license provided in this article and in Chapter 5 of this title, the department shall suspend the driver’s license of a person upon receiving satisfactory evidence that the person has been convicted of a violation of Section 1613185 or Section 1613270, and that the sentencing judge has imposed a sentence which includes a suspension of the person’s driver’s license.”

SECTION3.This act takes effect upon approval by the Governor.

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