Pennsylvania Act 1996-201 — CRIMES CODE (18 PA.C.S.) - AMEND BAD CHECKS

Act text

CRIMES CODE (18 PA.C.S.) - AMEND BAD CHECKS
                 Act of Dec. 20, 1996, P.L. 1531, No. 201             Cl. 18
                             Session of 1996
                               No. 1996-201

     HB 2401

                                  AN ACT

     Amending Title 18 (Crimes and Offenses) of the Pennsylvania
        Consolidated Statutes, further providing for bad checks.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 4105(b) and (c) of Title 18 of the
     Pennsylvania Consolidated Statutes are amended to read:
      § 4105.  Bad checks.
        * * *
        (b)  [Presumption] Presumptions.--For the purposes of this
     section as well as in any prosecution for theft committed by
     means of a bad check, the following shall apply:
            (1)  [an] An issuer is presumed to know that the check or
        order (other than a post-dated check or order) would not be
        paid, if:
            [(1)  the issuer had no account with the drawee at the
        time the check or order was issued; or
            (2)  payment was refused by the drawee for lack of funds,
        upon presentation within 30 days after issue, and the issuer
        failed to make good within ten days after receiving notice of
        that refusal.]
                (i)  payment was refused because the issuer had no
            such account with the drawee at the time the check or
            order was issued; or
                (ii)  payment was refused by the drawee for lack of
            funds, upon presentation within 30 days after issue, and
            the issuer failed to make good within ten days after
            receiving notice of that refusal.
     Notice of refusal may be given to the issuer orally or in
     writing by any person. Proof that notice was sent by registered
     or certified mail, regardless of whether a receipt was requested
     or returned, to the address printed on the check or, if none,
     then to the issuer's last known address, shall raise a
     presumption that the notice was received.
            (2)  A check or order stamped "NSF" or "insufficient
        funds" shall raise a presumption that payment was refused by
        the drawee for lack of funds.
            (3)  A check or order stamped "account closed" or "no
        such account" or "counterfeit" shall raise a presumption that
        payment was refused by the drawee because the issuer had no
        such account with the drawee at the time the check or order
        was issued.
        (c)  Grading.--
            (1)  An offense under this section is [a misdemeanor of
        the second degree if the amount of the check or order exceeds
        $500 or if it is a third or subsequent offense within a five-
        year period; otherwise it is a summary offense.]:
                (i)  a summary offense if the check or order is less
            than $200;
                (ii)  a misdemeanor of the third degree if the check
            or order is $200 or more but less than $500;
                (iii)  a misdemeanor of the second degree if the
            check or order is $500 or more but less than $1,000;
                (iv)  a misdemeanor of the first degree if the check
            or order is $1,000 or more but is less than $75,000; or
                (v)  a felony of the third degree if the check or
            order is $75,000 or more.
            (2)  When the offense is a third or subsequent offense
        within a five-year period, regardless of the amount of the
        check or order and regardless of the grading of the prior
        offenses, an offense under this section is a misdemeanor of
        the first degree unless the amount of the check or order
        involved in the third or subsequent offense is $75,000 or
        more, then the offense is a felony of the third degree.
        * * *
        Section 2.  This act shall take effect in 60 days.

     APPROVED--The 20th day of December, A. D. 1996.

     THOMAS J. RIDGE