H. B. 4052


(By Delegates Hines, Ferrell, Hunt, Hutchins, Rowe, Capito and White L.)


[Introduced January 14, 2000; referred to the Committee on the Judiciary then Finance.]

A BILL to amend section thirty-nine-a, article three, chapter
sixty-one of the code of West Virginia, one thousand nine hundred, thirty-one, as amended, relating to the crime of making, drawing, issuing, uttering or delivering a worthless check; and creating a jail penalty for first and second convictions.

Be it enacted by the Legislature of West Virginia:
That thirty-nine-a, 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.
§61-3-39a. Making, drawing, issuing, uttering or delivering worthless checks; penalty.

(a) It shall be 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 such the bank or other depository with which to pay the same upon presentation. The making, drawing, issuing, uttering or 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 the corporation, shall subject such subjects the officer or agent to the penalty of this section to the same extent as though such the check, draft or order was his or her own personal act.
(b) 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. This section shall does not apply when such 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 such the check, draft or order would be so dishonored.
(c) Any person who shall violate violates the provisions of this section shall be is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars; and upon a third or subsequent conviction thereof, shall be fined not more than one hundred dollars, or confined in the county or regional jail not more than ten days, or both.

NOTE: The purpose of this bill is to allow a jail penalty for first or second convictions of this section.

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.