H. B. 2672
(By Delegates Hamilton and Canterbury)
[Introduced February 19, 2009; referred to the
Committee on Banking and Insurance then the Judiciary.]
A BILL to amend and reenact §61-3-39c of the Code of West Virginia,
1931, as amended, relating to dishonor of checks presented for
payment.
Be it enacted by the Legislature of West Virginia:
That §61-3-39c of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-39c. Reason for dishonor; duty of drawee.
It shall be the duty of the drawee of any check, draft or
order, before refusing to pay the same to the holder thereof upon
presentation, to cause to be written, printed or stamped in plain
language thereon or attached thereto, the reason for drawee's
dishonor or refusal to pay same.
Reasons for dishonor or refusal
to pay same shall include: Nonsufficient funds, (NSF) closed
account, account closed, no account, no account on file, refer to maker, or any other reason in plain language indicating that
sufficient funds were not available to satisfy payment at the time
the check was presented to drawee from payee. In all prosecutions
under section thirty-nine or thirty-nine-a of this article, the
introduction in evidence of any unpaid and dishonored check, draft
or other written order, having the drawee's refusal to pay stamped
or written thereon, or attached thereto, with the
reason therefor
as aforesaid: reasons stated:
(a) Shall be prima facie evidence of the making or uttering of
said check, draft or other written order, and the due presentation
to the drawee for payment and
the its dishonor
thereof, and that
the same was properly dishonored for the reasons written, stamped
or attached by the drawee on such dishonored checks, drafts or
orders; and
(b) Shall be prima facie evidence, as against the maker or
drawer
thereof, of the withdrawing from deposit with the drawee
named in the check, draft or other written order, of the funds on
deposit with such drawee necessary to insure payment of said check,
draft or other written order upon presentation within a reasonable
time after negotiation; and
(c) Shall be prima facie evidence of the drawing, making,
uttering or delivering of a check, draft or written order with the
knowledge of insufficient funds in or credit with such drawee.
NOTE: The purpose of this bill is to expand the powers of the
magistrate to prosecute for worthless checks beyond the strict
limitations of NSF.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.