H. B. 2333


(By Delegates Angotti, Stemple,

C. White and Cann)


[Introduced February 20, 2001; 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 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 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 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, and upon a third or subsequent conviction thereof, shall be fined not more than two 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 and second 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.