H. B. 2155
(By Delegates Hendricks, Michael and Campbell)
[Introduced February 17, 1993; 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 worthless
checks; creating felony offenses for making, drawing,
issuing, uttering or delivering checks, drafts or orders
drawn on closed or otherwise nonexistent accounts with banks
or other depositories; and providing penalties upon
conviction of offenses.
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;
penalties.
(a) It
shall be is unlawful for any person, firm or
corporation to obtain any money, services, goods or otherproperty 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 such 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.
This section shall 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 this section apply to any postdated check, draft or
order.
No prosecution shall 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.
Any person who
shall violate violates the provisions of this
section, if the amount of the check, draft or order is less than
two hundred dollars,
shall be is guilty of a misdemeanor, and,
upon conviction thereof, shall be fined not more than two hundred
dollars, or imprisoned not more than six months, or both fined
and imprisoned. Any person who
shall violate violates the
provisions of this section, if the amount of the check, draft or
order is two hundred dollars or more,
shall be 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 two hundred dollars
or more is guilty of a felony, and, if convicted thereof, shall
be fined not more than five hundred dollars, or imprisoned not
less than one year nor more than five years, or both fined and
imprisoned.
(b) In addition to all other penalties provided by law, any
person, firm or corporation that knowingly makes, draws, issues,
utters, or delivers any check, draft or order for the payment of
money or its equivalent, upon any bank or other depository, that
is dishonored because the account upon which the check, draft or
order 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, or imprisoned not less than one year
nor more than three years, or both fined and imprisoned, if the
amount of such 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 onehundred dollars or more, is guilty of a felony, and, upon
conviction thereof, shall be fined not more than five thousand
dollars, imprisoned not less than one year nor more than five
years, or both fined and imprisoned.
NOTE: This bill creates felony offenses for passing checks,
drafts or orders drawn on closed or otherwise nonexistent
accounts. If the amount of such a check, draft or order is less
than $100, the bill provides a sentence upon conviction of up to
a $500 fine, one to three years in prison, or both a fine and
imprisonment. If the amount of the check, draft or order is $100
or more, the sentence upon conviction shall be a fine of up to
$5,000, one to five years in prison, or both a fine and
imprisonment.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
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