REPRESENTATIVE Raga

To amend sections 2913.11 and 2913.21 of the Revised

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Code to increase the penalties for the offense of

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passing bad checks, to expand the offense to apply

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to electronic transactions, and to include in the

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offense a provision regarding stop payment orders

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on checks.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 2913.11 and 2913.21 of the Revised	7
Code be amended to read as follows:	8

Sec. 2913.11.  (A) As used in this section:

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(1) "Check" includes any form of debit from a demand deposit	10
account, including, but not limited to any of the following:	11

(a) A check, bill of exchange, draft, order of withdrawal, or	12
similar negotiable or non-negotiable instrument;	13

(b) An electronic check, electronic transaction, debit card	14
transaction, check card transaction, substitute check, web check,	15
or any form of automated clearing house transaction.	16

(2) "Issue a check" means causing any form of debit from a	17
demand deposit account.	18

(B) No person, with purpose to defraud, shall issue or	19
transfer or cause to be issued or transferred a check or other	20
negotiable instrument, knowing that it will be dishonored or	21
knowing that a person has ordered or will order stop payment on	22
the check or other negotiable instrument.	23

(B)(C) For purposes of this section, a person who issues or	24
transfers a check or other negotiable instrument is presumed to	25
know that it will be dishonored if either of the following occurs:	26

(1) The drawer had no account with the drawee at the time of	27
issue or the stated date, whichever is later;	28

(2) The check or other negotiable instrument was properly	29
refused payment for insufficient funds upon presentment within	30
thirty days after issue or the stated date, whichever is later,	31
and the liability of the drawer, indorser, or any party who may be	32
liable thereon is not discharged by payment or satisfaction within	33
ten days after receiving notice of dishonor.	34

(C)(D) For purposes of this section, a person who issues or	35
transfers a check, bill of exchange, or other draft is presumed to	36
have the purpose to defraud if the drawer fails to comply with	37
section 1349.16 of the Revised Code by doing any of the following	38
when opening a checking account intended for personal, family, or	39
household purposes at a financial institution:	40

(1) Falsely stating that the drawer has not been issued a	41
valid driver's or commercial driver's license or identification	42
card issued under section 4507.50 of the Revised Code;	43

(2) Furnishing such license or card, or another	44
identification document that contains false information;	45

(3) Making a false statement with respect to the drawer's	46
current address or any additional relevant information reasonably	47
required by the financial institution.	48

(D)(E) In determining the value of the aggregated payment for	49
purposes of division (F) of this section, the court may aggregate	50
all checks and other negotiable instruments that the offender	51
issued or transferred or caused to be issued or transferred in	52
violation of division (A) of this section within a period of one	53
hundred eighty consecutive days.	54

(F) Whoever violates this section is guilty of passing bad	55
checks. Except as otherwise provided in this division, passing bad	56
checks is a misdemeanor of the first degree. If the checkchecks	57
or other negotiable instrument isinstruments are for an	58
aggregated payment of five hundred dollars or more and is for the	59
payment ofbut less than five thousand dollars, or if the offender	60
previously has been convicted of or pleaded guilty to a theft	61
offense, passing bad checks is a felony of the fifthfourth	62
degree. If the checkchecks or other negotiable instrument is	63
instruments are for thean aggregated payment of five thousand	64
dollars or more and is for the payment ofbut less than one	65
hundred thousand dollars, or if the offender previously has been	66
convicted of or pleaded guilty to two or more theft offenses,	67
passing bad checks is a felony of the fourththird degree. If the	68
checkchecks or other negotiable instrument isinstruments are for	69
thean aggregated payment of one hundred thousand dollars or more,	70
passing bad checks is a felony of the thirdsecond degree.	71

Sec. 2913.21.  (A) No person shall do any of the following:

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(1) Practice deception for the purpose of procuring the	73
issuance of a credit card, when a credit card is issued in actual	74
reliance thereon;	75

(2) Knowingly buy or sell a credit card from or to a person	76
other than the issuer.	77

(B) No person, with purpose to defraud, shall do any of the	78
following:	79

(1) Obtain control over a credit card as security for a debt;

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(2) ObtainSubject to section 2913.11 of the Revised Code,	81
obtain property or services by the use of a credit card, in one or	82
more transactions, knowing or having reasonable cause to believe	83
that the card has expired or been revoked, or was obtained, is	84
retained, or is being used in violation of law;	85

(3) Furnish property or services upon presentation of a	86
credit card, knowing that the card is being used in violation of	87
law;	88

(4) Represent or cause to be represented to the issuer of a	89
credit card that property or services have been furnished, knowing	90
that the representation is false.	91

(C) No person, with purpose to violate this section, shall	92
receive, possess, control, or dispose of a credit card.	93

(D)(1) Whoever violates this section is guilty of misuse of	94
credit cards.	95

(2) Except as otherwise provided in division (D)(4) of this	96
section, a violation of division (A), (B)(1), or (C) of this	97
section is a misdemeanor of the first degree.	98

(3) Except as otherwise provided in this division or division	99
(D)(4) of this section, a violation of division (B)(2), (3), or	100
(4) of this section is a misdemeanor of the first degree. If the	101
cumulative retail value of the property and services involved in	102
one or more violations of division (B)(2), (3), or (4) of this	103
section, which violations involve one or more credit card accounts	104
and occur within a period of ninety consecutive days commencing on	105
the date of the first violation, is five hundred dollars or more	106
and is less than five thousand dollars, misuse of credit cards in	107
violation of any of those divisions is a felony of the fifth	108
degree. If the cumulative retail value of the property and	109
services involved in one or more violations of division (B)(2),	110
(3), or (4) of this section, which violations involve one or more	111
credit card accounts and occur within a period of ninety	112
consecutive days commencing on the date of the first violation, is	113
five thousand dollars or more and is less than one hundred	114
thousand dollars, misuse of credit cards in violation of any of	115
those divisions is a felony of the fourth degree. If the	116
cumulative retail value of the property and services involved in	117
one or more violations of division (B)(2), (3), or (4) of this	118
section, which violations involve one or more credit card accounts	119
and occur within a period of ninety consecutive days commencing on	120
the date of the first violation, is one hundred thousand dollars	121
or more, misuse of credit cards in violation of any of those	122
divisions is a felony of the third degree.	123

(4) If the victim of the offense is an elderly person or	124
disabled adult, and if the offense involves a violation of	125
division (B)(1) or (2) of this section, division (D)(4) of this	126
section applies. Except as otherwise provided in division (D)(4)	127
of this section, a violation of division (B)(1) or (2) of this	128
section is a felony of the fifth degree. If the debt for which the	129
card is held as security or the cumulative retail value of the	130
property or services involved in the violation is five hundred	131
dollars or more and is less than five thousand dollars, a	132
violation of either of those divisions is a felony of the fourth	133
degree. If the debt for which the card is held as security or the	134
cumulative retail value of the property or services involved in	135
the violation is five thousand dollars or more and is less than	136
twenty-five thousand dollars, a violation of either of those	137
divisions is a felony of the third degree. If the debt for which	138
the card is held as security or the cumulative retail value of the	139
property or services involved in the violation is twenty-five	140
thousand dollars or more, a violation of either of those divisions	141
is a felony of the second degree.	142

Section 2. That existing sections 2913.11 and 2913.21 of the	143
Revised Code are hereby repealed.	144