BP BHEAD INT S [atlas:bill]

AN ACT Relating to dishonored checks; amending RCW 9A.56.060; adding new sections to chapter 30.16 RCW; and prescribing penalties.

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

Sec. 1. RCW 9A.56.060 and 1982 c 138 s 1 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 or she 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) 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 his or her account with the bank or other depository has been closed, shall be guilty of unlawful issuance of bank check.

(4) 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)~~)) (5) Unlawful issuance of a bank check in an amount greater than two hundred fifty dollars is a class C felony.

((~~(5)~~)) (6) 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 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.

NEW SECTION. Sec. 2. A new section is added to chapter 30.16 RCW to read as follows:

A paying bank shall clearly write or stamp on the face of a returned check, as defined in RCW 62A.3-104, that it is a returned check and the reason for return.

NEW SECTION. Sec. 3. A new section is added to chapter 30.16 RCW to read as follows:

When payment is made for goods and services by a check, as defined in RCW 62A.3-104, and the check is dishonored by nonacceptance or nonpayment, the payee of the check is not obligated to pay any bank fees or other charges for services related to nonacceptance or nonpayment because of dishonor. Any fees or other charges for services because of dishonor by nonacceptance or nonpayment shall be paid by the drawer of the check.

NEW SECTION. Sec. 4. A new section is added to chapter 30.16 RCW to read as follows:

When payment is made for goods and services by check, as defined in RCW 62A.3-104, and the check is dishonored by nonacceptance or nonpayment, the payor bank designated on the check shall close the drawer's account until all fees or other charges for services related to nonacceptance or nonpayment because of dishonor are paid to the payor bank, other banks, and to the payee. Notice of account closure shall be sent to the drawer of the check at the drawer's last known address or to the address designated on the check.

NEW SECTION. Sec. 5. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.