A person who violates the provisions of this subchapter, upon conviction, must be punished as follows:
(A) If the amount of the instrument is $1,000 or less, it must be tried exclusively in a magistrate's court (Town of Kingstree Municipal Court). A municipal governing body, by ordinance, may adopt by reference the provisions of this subchapter as an offense under its municipal ordinances and by so doing authorizes its municipal court to try violations of this subchapter. If the amount of the instrument is over $1,000, it must be tried in the court of general sessions or any other court having concurrent jurisdiction. Notwithstanding the provisions of this division, a person who violates the provisions of this subchapter, upon conviction for a third or subsequent conviction, may be tried in either a magistrate's court (Town of Kingstree Municipal Court) or in the court of general sessions.
(B) Convictions in a magistrate's court (Town of Kingstree Municipal Court) are punishable as follows:
(1) For a first conviction, if the amount of the instrument is $500 or less, by a fine of not less than $50 nor more than $200 or by imprisonment for not more than 30 days;
(2) For a first conviction, if the amount of the instrument is more than $500 but not greater than $1,000, by a fine of not less than $300 nor more than $500 or by imprisonment for not more than 30 days, or both;
(3) For a second or subsequent conviction, if the amount of the instrument is $500 or less, by a fine of $200 or by imprisonment for not more than 30 days;
(4) For a second or subsequent conviction, if the amount of the instrument is more than $500 but not greater than $1,000, by a fine of not more than $500 or by imprisonment for not more than 30 days, or both.
(C) Convictions in the court of general sessions or any other court having concurrent jurisdiction are punishable as follows: for a first conviction by a fine of not less than $300 nor more than $1,000 or by imprisonment for not more than two years, or both; and for a second or subsequent conviction by a fine of not less than $500 nor more than $2,000 and imprisonment for not less than 30 days nor more than ten years.
(D) After a first offense conviction for drawing and uttering a fraudulent cheek or other instrument in violation of S.C. Code § 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 $41. For a second or subsequent conviction for a violation of S.C. Code § 34-11-60, the suspension of the imposition or execution of the sentence is discretionary with the court.
(E) After a conviction or plea for drawing and uttering a fraudulent check or other instrument in violation of S.C. Code § 34-11-60 and the defendant is charged or fined, he shall pay in addition to the fine all reasonable court costs accruing, not to exceed $41, and the service charge provided in S.C. Code § 34-11-70.
(F) After a conviction under this section on a first offense, the defendant may, after one year from the date of the conviction, apply, or cause someone acting on his behalf to apply, to the court for an order expunging the records of the arrest and conviction. This provision does not apply to any crime classified as a felony. If the defendant has had no other conviction during the one-year period following the conviction under this section, the court shall issue an order expunging the records. No person has any rights under this section more than one time. After the expungement the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of its expungement to ensure that no person takes advantage of the rights permitted by this section more than once. This nonpublic record is not subject to release under § 34.92, the Freedom of Information Act, or any other provision of law except to those authorized law or court officials who need this information in order to prevent the rights afforded by this division from being taken advantage of more than once.
(G) As used in this section the term CONVICTION shall include the entering of a guilty plea, the entering of a plea of nolo contendere, or the forfeiting of bail. A conviction is classified as a felony if the instrument drawn or uttered in violation of this subchapter exceeds the amount of $5,000.
(H) Each instrument drawn or uttered in violation of this subchapter constitutes a separate offense.
(Ord. 2017-04, passed 7-17-17)
Statutory reference:
Jurisdiction of offenses and penalties, see S.C. Code § 34-11-90