Bad check reforms

Posted Monday, September 8, 2003 - 6:34 pm





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Punishments will better reflect crime.

A pilot program that will allow some bad check writers to avoid criminal prosecution is needed reform that makes a clear difference between those who merely have trouble balancing a checkbook and those who write checks with the intention of stealing.

South Carolina's prosecutors, recognizing that state law often makes little distinction between the two, have started a program that will allow bad check writers to make full restitution and avoid a possible criminal record.

Bad checks are a burden on businesses. The South Carolina Merchant's Association estimates that it costs businesses in the state $300 million annually. Prosecutors, however, say a great majority of bad check writers are people who've simply made mistakes and are probably willing to make good. They aren't criminals.

Indeed, there are crooks who are in the business of stealing from retailers and banks. Those cases, where the intent to defraud is clear, will still be subject to the criminal prosecution they deserve.

This pilot program will launch in Lexington, Florence, York and Dorchester. If the results are as expected — reduced caseloads on magistrates and a reduction in the time businesses spend chasing bad check writers — then the program should be expanded statewide.

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