H. B. 4051
(By Delegates Hines, Ferrell, Hunt,
Hutchins, Smith, J., Capito
and White,
L.)
[Introduced January 14, 2000; referred
to the Committee on the Judiciary then
Finance.]
A BILL to amend section thirty-nine, article three, chapter sixty-
one of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to obtaining property in
return for a worthless check; and allowing multiple worthless
checks to be added in order to enhance the penalties.
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.
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 not sufficient funds on deposit
in or credit with such the bank or other depository with which to
pay the same upon presentation. The making, drawing, issuing,
uttering or delivery of any such check, draft or order, for or on
behalf of any corporation, or its name, by any officer or agent of
such the corporation, shall subject such
such the check, draft or order was his or her own personal act,
when such the agent or officer knows that such the corporation does
not have sufficient funds on deposit in or credit with such the
bank or depository from which such the check, draft or order can
legally be paid upon presentment.
This section shall 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 apply to any postdated check, draft or order.
No prosecution shall be is 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.
A person who violates the provisions of this section, if the
amount of the check, draft or order is less than five 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 person who violates the provisions of this section, if
the amount of any one the check, draft or order is five 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 five 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
a state correctional facility not less than one year nor more than
ten years, or both.
NOTE: The purpose of this bill is to allow the addition of
multiple worthless checks made by one person within a thirty day
period to enhance the penalties.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would
be added.
This bill was recommended by the Joint Standing Committee on
the Judiciary for introduction and passage at the 2000 legislative
session.