H. B. 2754


(By Delegates Kominar, Dalton and Stemple)
[Introduced March 26, 1997; referred to the
Committee on the Judiciary.]




A BILL to amend and reenact section thirty-nine, article three, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to crimes against property; worthless checks; creating the felony offense of obtaining property in return for a check drawn on a closed or nonexistent account; specifying penalties therefor based on the face amount of the check, draft or order; reducing from five hundred dollars to three hundred dollars the amount specified for the felony offense of knowingly passing a check, draft or order drawn on an account with insufficient funds; specifying an additional felony offense of knowingly passing multiple checks on an account with insufficient funds if the checks are written within a thirty-day period and aggregate three hundred dollars or more; and providing penalties therefor.

Be it enacted by the Legislature of West Virginia:
That section thirty-nine, article three, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty- one, as amended, be amended and reenacted to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.

§61-3-39. Obtaining property in return for worthless check; penalty.

(a)(1) It is unlawful for any person, firm or corporation to obtain any money, services, goods or other property or thing of value by means of a check, draft or order for the payment of money or its equivalent upon any bank or other depository, knowing at the time of the making, drawing, issuing, uttering or delivering of the check, draft or order that there is are not sufficient funds on deposit in or credit with such bank or other depository with which to pay the same upon presentation. The making, drawing, issuing, uttering or delivery delivering of any such check, draft or order, for or on behalf of any corporation, or its name, by any officer or agent of such corporation, shall subject such officer or agent to the penalties of this section to the same extent as though such check, draft or order was his or her own personal act, when such agent or officer knows that such corporation does not have sufficient funds on deposit in or credit with such bank or depository from which such check, draft or order can legally be paid upon presentment.
(2) This section shall subsection does not apply to any such check, draft or order when the payee or holder knows or has been expressly notified prior to the acceptance of same or has reason to believe that the drawer did not have on deposit or to his or her credit with the drawee sufficient funds to insure payment as aforesaid, nor shall does this section subsection apply to any postdated check, draft or order.
(3) No prosecution shall may be confined to the provisions of this section by virtue of the fact that worthless checks, drafts or orders may be employed in the commission of some other criminal act.
(4) A Any person who violates the provisions of this section subsection, if the amount of the check, draft or order is less than five three hundred dollars, is guilty of a misdemeanor and, upon conviction thereof, the person shall be fined not more than two hundred dollars, or confined in the county or regional jail not more than six months, or both. A Any person who violates the provisions of this section subsection, if the amount of the check, draft or order is five three hundred dollars or more, or, if the total of the face amount of more than one check, draft, or order written by the same person within a thirty-day period is three hundred dollars or more, is guilty of a felony and, upon conviction thereof, the person shall be fined not more than five hundred dollars, or imprisoned in the penitentiary not less than one year nor more than ten years, or both.
(b) In addition to any other penalty provided by law, any person, firm, or corporation that knowingly makes, draws, issues, utters or delivers any check, draft or order for the payment money or its equivalent, upon any bank or other depository, which check is dishonored because the account upon which it is drawn is closed or otherwise nonexistent, is guilty of a felony and, upon conviction thereof, shall be fined not more than five hundred dollars, imprisoned not less that one year nor more than three years, or both, if the amount of the check, draft or order is less than one hundred dollars. Any person who violates the provisions of this subsection, if the amount of the check, draft or order is one hundred dollars or more, is guilty of a felony and, upon conviction thereof, shall be fined not more than one thousand dollars, imprisoned not less than one year nor more than five years, or both.



NOTE: The purpose of this bill is to create a felony offense for passing checks, drafts or orders that are drawn on a closed or nonexistent account. This bill also reduces the amount specified for the felony offense of knowingly passing a check, draft or order drawn on an account with insufficient funds from $500.00 to $300.00 and specifies an additional felony offense of passing multiple checks on an account with insufficient funds if the checks are written within a thirty-day period and aggregate $300.00 or more.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.