H. B. 2171
(By Delegate Hrutkay)
[Introduced February 10, 2005; referred to the
Committee on Banking and Insurance then the Judiciary.]
A BILL to amend and reenact §61-3-39a of the code of West Virginia,
1931, as amended, relating to increasing the penalties for
issuing worthless checks.
Be it enacted by the Legislature of West Virginia:
of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-39a. Making, issuing, etc., worthless checks; penalty.
(a) It is unlawful for any person, firm or corporation to
make, draw, issue, utter or deliver any check, draft or order for
the payment of money or its equivalent upon any bank or other
depository, knowing or having reason to know there is not
sufficient funds on deposit in or credit with the bank or other
depository with which to pay the check, draft or order upon
presentation. The making, drawing, issuing, uttering or delivering of any check, draft or order, for or on behalf of any corporation,
or its name, by any officer or agent of the corporation, shall
subject the officer or agent to the penalty of this section to the
same extent as though the check, draft or order was his or her own
(b) This section
not apply to any
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. This section
not apply when the insufficiency of
funds or credit is caused by any adjustment to the drawer's account
by the bank or other depository without notice to the drawer or is
caused by the dishonoring of any check, draft or order deposited in
the account unless there is knowledge or reason to believe that the
check, draft or order would be dishonored.
(c) Any person violating the provisions of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than two hundred dollars or imprisoned in jail not
more than ten days, or both fined and imprisoned;
and upon a third
or subsequent conviction thereof, shall be fined not more than
hundred dollars, or
in jail not more than
days, or both fined and imprisoned.
NOTE: The purpose of this bill is to increase the penalties
for issuing worthless checks.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would