H. B. 4142
(By Delegates Angotti, Stemple,
C. White and Cann)
[Introduced January 25, 2000; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact 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 restoring a
jail penalty option for first offense uttering worthless
checks.
Be it enacted by the Legislature of West Virginia:
That section 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, issuing, etc., 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 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 corporation, shall subject such
officer or agent to the penalty of this section to the same extent
as though such 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 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 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 fined and
imprisoned.
NOTE: The purpose of this bill is to restore a jail penalty
option for first offense uttering worthless checks.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.