H-3833              _______________________________________________

                                                   HOUSE BILL NO. 1973

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Representatives van Dyke, G. Nelson, Hastings and Sanders

Read first time 1/24/86 and referred to Committee on Judiciary.

AN ACT Relating to unlawfully issued checks; amending RCW 9A.56.060; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 9A.56.060, chapter 260, Laws of 1975 1st ex. sess. as last amended by section 1, chapter 138, Laws of 1982 and RCW 9A.56.060 are each amended to read as follows:

          (1) Any person who shall with intent to defraud, make, or draw, or utter, or deliver to another person any check, or draft, on a bank or other depository for the payment of money, knowing at the time of such drawing, or delivery, that he has not sufficient funds in, or credit with said bank or other depository, to meet said check or draft, in full upon its presentation, shall be guilty of unlawful issuance of bank check.  The word "credit" as used herein shall be construed to mean an arrangement or understanding with the bank or other depository for the payment of such check or draft, and the uttering or delivery of such a check or draft to another person without such fund or credit to meet the same shall be prima facie evidence of an intent to defraud.

          (2) Any person who shall with intent to defraud, make, or draw, or utter, or deliver to another person any check, or draft on a bank or other depository for the payment of money and who issues a stop-payment order directing the bank or depository on which the check is drawn not to honor said check, and who fails to make payment of money in the amount of the check or draft or otherwise arrange a settlement agreed upon by the holder of the check within twenty days of issuing said check or draft shall be guilty of unlawful issuance of a bank check.

          (3) When any series of transactions which constitute unlawful issuance of a bank check would, when considered separately, constitute unlawful issuance of a bank check in an amount of two hundred fifty dollars or less because of value, and the series of transactions are a part of a common scheme or plan, the transactions may be aggregated in one count and the sum of the value of all of the transactions shall be the value considered in determining whether the unlawful issuance of a bank check is to be punished as a class C felony or a gross misdemeanor.

          (4) Unlawful issuance of a bank check in an amount greater than two hundred fifty dollars is a class C felony.  In addition to other penalties:

(a) The court shall order the defendant to make full restitution; and

(b) The court shall order a mandatory twenty-dollar fee, plus court costs.

          (5) Unlawful issuance of a bank check in an amount of two hundred fifty dollars or less is a gross misdemeanor and shall be punished as follows:

          (a) The court shall order the defendant to make full restitution;

          (b) The court shall order a mandatory twenty-dollar fee, plus court costs; and

(c) The defendant need not be imprisoned, but the court shall impose a minimum fine of five hundred dollars.  Of the fine imposed, at least fifty dollars shall not be suspended or deferred.  Upon conviction for a second offense within any twelve-month period, the court may suspend or defer only that portion of the fine which is in excess of five hundred dollars.