PRINTER'S NO. 2093
No. 1726 Session of 1977
INTRODUCED BY MELUSKEY, BROWN, ZWIKL, ZELLER, REED, PRATT,
DeWEESE AND RITTER, OCTOBER 11, 1977
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 11, 1977
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, increasing the amount of an alleged
3 bad check necessary to classify the offense as a misdemeanor
4 of the second degree.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 4105 of Title 18, act of November 25,
8 1970 (P.L.707, No.230), known as the Pennsylvania Consolidated
9 Statutes, is amended to read:
10 § 4105. Bad checks.
11 (a) Offense defined.--A person commits an offense if he
12 issues or passes a check or similar sight order for the payment
13 of money, knowing that it will not be honored by the drawee.
14 (b) Presumption.--For the purposes of this section as well
15 as in any prosecution for theft committed by means of a bad
16 check, an issuer is presumed to know that the check or order
17 (other than a post-dated check or order) would not be paid, if:
18 (1) the issuer had no account with the drawee at the
19 time the check or order was issued; or
1 (2) payment was refused by the drawee for lack of funds,
2 upon presentation within 30 days after issue, and the issuer
3 failed to make good within ten days after receiving notice of
4 that refusal.
5 (c) Grading.--An offense under this section is a misdemeanor
6 of the second degree if the amount of the check or order exceeds
7 [$200) $1,000; otherwise it is a summary offense.
8 Section 2. This act shall take effect in 60 days.
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