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To amend section 2913.11 of the Revised Code to | 1 |
expand the offense of passing bad checks to apply | 2 |
to electronic transactions, to include in the | 3 |
offense a provision regarding stop payment orders | 4 |
on checks, and to include in the offense a | 5 |
provision regarding aggregation of checks issued | 6 |
within 180 days for purposes of determining an | 7 |
offender's penalty. | 8 |
Section 1. That section 2913.11 of the Revised Code be | 9 |
amended to read as follows: | 10 |
Sec. 2913.11. (A) As used in this section: | 11 |
(1) "Check" includes any form of debit from a demand deposit | 12 |
account, including, but not limited to any of the following: | 13 |
(a) A check, bill of exchange, draft, order of withdrawal, or | 14 |
similar negotiable or non-negotiable instrument; | 15 |
(b) An electronic check, electronic transaction, debit card | 16 |
transaction, check card transaction, substitute check, web check, | 17 |
or any form of automated clearing house transaction. | 18 |
(2) "Issue a check" means causing any form of debit from a | 19 |
demand deposit account. | 20 |
(B) No person, with purpose to defraud, shall issue or | 21 |
transfer or cause to be issued or transferred a check or other | 22 |
negotiable instrument, knowing that it will be dishonored or | 23 |
knowing that a person has ordered or will order stop payment on | 24 |
the check or other negotiable instrument. | 25 |
| 26 |
transfers a check or other negotiable instrument is presumed to | 27 |
know that it will be dishonored if either of the following occurs: | 28 |
(1) The drawer had no account with the drawee at the time of | 29 |
issue or the stated date, whichever is later; | 30 |
(2) The check or other negotiable instrument was properly | 31 |
refused payment for insufficient funds upon presentment within | 32 |
thirty days after issue or the stated date, whichever is later, | 33 |
and the liability of the drawer, indorser, or any party who may be | 34 |
liable thereon is not discharged by payment or satisfaction within | 35 |
ten days after receiving notice of dishonor. | 36 |
| 37 |
transfers a check, bill of exchange, or other draft is presumed to | 38 |
have the purpose to defraud if the drawer fails to comply with | 39 |
section 1349.16 of the Revised Code by doing any of the following | 40 |
when opening a checking account intended for personal, family, or | 41 |
household purposes at a financial institution: | 42 |
(1) Falsely stating that the drawer has not been issued a | 43 |
valid driver's or commercial driver's license or identification | 44 |
card issued under section 4507.50 of the Revised Code; | 45 |
(2) Furnishing such license or card, or another | 46 |
identification document that contains false information; | 47 |
(3) Making a false statement with respect to the drawer's | 48 |
current address or any additional relevant information reasonably | 49 |
required by the financial institution. | 50 |
| 51 |
of division (F) of this section, the court may aggregate all | 52 |
checks and other negotiable instruments that the offender issued | 53 |
or transferred or caused to be issued or transferred in violation | 54 |
of division (A) of this section within a period of one hundred | 55 |
eighty consecutive days. | 56 |
(F) Whoever violates this section is guilty of passing bad | 57 |
checks. Except as otherwise provided in this division, passing bad | 58 |
checks is a misdemeanor of the first degree. If the check or | 59 |
checks or other
negotiable instrument | 60 |
or transferred to a single vendor or single other person for the | 61 |
payment of five hundred dollars or
more | 62 |
but less than five thousand dollars or if the check or checks or | 63 |
other negotiable instrument or instruments are issued or | 64 |
transferred to multiple vendors or persons for the payment of one | 65 |
thousand dollars or more but less than five thousand dollars, | 66 |
passing bad checks is a felony of the fifth degree. If the check | 67 |
or checks or other negotiable instrument | 68 |
the payment of five
thousand dollars or more | 69 |
70 | |
checks is a felony of the fourth degree. If the check or checks or | 71 |
other negotiable instrument | 72 |
of one hundred thousand dollars or more, passing bad checks is a | 73 |
felony of the third degree. | 74 |
(G) Unless otherwise prohibited by state or federal law, a | 75 |
person who receives a check that has been dishonored because of | 76 |
insufficient funds may present that check for immediate payment to | 77 |
the financial institution on whose paper the check is written as | 78 |
soon as the account is determined to have sufficient funds. A | 79 |
financial institution that honors a check pursuant to this | 80 |
division shall not charge a fee, including a fee for issuing a | 81 |
replacement check, for honoring that check. | 82 |
Section 2. That existing section 2913.11 of the Revised Code | 83 |
is hereby repealed. | 84 |