PRINTER'S NO. 3125
No. 2401 Session of 1996
INTRODUCED BY DEMPSEY, D. W. SNYDER, HARHART, COLAIZZO, FLEAGLE,
MAITLAND, JAROLIN, BAKER, FAIRCHILD, LYNCH, MERRY, MARSICO,
STISH, L. I. COHEN, BATTISTO, PETTIT, WAUGH, EGOLF,
E. Z. TAYLOR, STERN, ALLEN, RAYMOND, SAYLOR AND MELIO,
FEBRUARY 13, 1996
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 13, 1996
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for bad checks.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Section 4105(b) and (c) of Title 18 of the
6 Pennsylvania Consolidated Statutes are amended to read:
7 § 4105. Bad checks.
8 * * *
9 (b) [Presumption] Presumptions.--For the purposes of this
10 section as well as in any prosecution for theft committed by
11 means of a bad check, the following shall apply:
12 (1) an issuer is presumed to know that the check or
13 order (other than a post-dated check or order) would not be
14 paid, if:
15 [(1) the issuer had no account with the drawee at the
16 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 (i) payment was refused because the issuer had no
6 such account with the drawee at the time the check or
7 order was issued; or
8 (ii) payment was refused by the drawee for lack of
9 funds, upon presentation within 30 days after issue, and
10 the issuer failed to make good within ten days after
11 receiving notice of that refusal. Notice of refusal may
12 be given to the issuer orally or in writing by any
13 person. Proof that notice was sent by registered or
14 certified mail, regardless of whether a receipt was
15 requested or received, to the address printed on the
16 check, or if none, then to the issuer's last known
17 address, shall raise a presumption that the notice was
18 received.
19 (2) A check or order stamped "NSF" or "insufficient
20 funds" shall raise a presumption that payment was refused by
21 the drawee for lack of funds.
22 (3) A check or order stamped "account closed" or "no
23 such account" or "counterfeit" shall raise a presumption that
24 payment was refused by the drawee because the issuer had no
25 such account with the drawee at the time the check or order
26 was issued.
27 (c) Grading.--
28 (1) An offense under this section is [a misdemeanor of
29 the second degree if the amount of the check or order exceeds
30 $500 or if it is a third or subsequent offense within a five-
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1 year period; otherwise it is a summary offense.]:
2 (i) a summary offense if the check or order is less
3 than $200;
4 (ii) a misdemeanor of the third degree if the check
5 or order is $200 or more but less than $500;
6 (iii) a misdemeanor of the second degree if the
7 check or order is $500 or more but less than $1,000;
8 (iv) a misdemeanor of the first degree if the check
9 or order is $1,000 or more but is less than $75,000; or
10 (v) a felony of the third degree if the check or
11 order is $75,000 or more.
12 (2) When the offense is a third or subsequent offense
13 within a three-year period, regardless of the amount of the
14 check or order and regardless of the grading of the prior
15 offenses, an offense under this section is a misdemeanor of
16 the first degree, unless the amount of the check or order
17 involved in the third or subsequent offense is $75,000 or
18 more, then the offense is a felony of the third degree.
19 * * *
20 Section 2. This act shall take effect in 60 days.
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