SB 425 - This act relates to bad checks.
Currently, a person is guilty of passing a bad check if:
• He or she makes or issues a check knowing that it will not be paid by the drawee or that there is no such drawee; or
• If he or she does so knowing that there are insufficient funds, no account, or no drawee and does not pay the check within 10 days after receiving notice.
Under this act, a person would also be guilty of passing a bad check with any other form of presentment involving the transmission of account information, not just a check.
Under this act, passing a bad check is a Class A misdemeanor unless certain circumstances exist, including when the issuer has no account with the drawee or if there was no such drawee at the time the check was issued. In such cases, passing bad checks is a Class C felony. Currently, a person is guilty of a Class D felony under such circumstances.
A prosecuting attorney who takes an action under this section collects an administrative handling cost from the issuer in an amount of $25 for checks of less than $100, $50 for checks between $100 and $250, and $50 plus an additional 10% fee of the face amount for checks of $250 or more, with a maximum fee being $75. Currently, the amount of the administrative handling cost varies depending on the amount of the check, however, the scale differs from the one in this act.
In addition to the administrative handling cost, a prosecuting attorney shall collect $5 per check for deposit into the Missouri Office of Prosecution Services Fund. Under this act, the money can be used for lawful expenses incurred by the attorney in operation of his or her office. This is in addition to the current allowable uses which include, but are not limited to, office supplies, postage, witness preparation, and additional staff. Currently, $1 is collected for the fund.
This act removes the provision which states that in all cases where a prosecutor receives notice of a violation with respect to a payroll check or order, if he or she finds a violation, shall file an information or seek indictment within 60 days.
This act is similar to certain provisions of CCS/SS/SCS/HCS/HB 353 (2005).