STATE OF OKLAHOMA

2nd Session of the 53rd Legislature (2012)

SENATE BILL 1220	By:	Paddack

AS INTRODUCED

An Act relating to bogus checks; amending 21 O.S. 2011, Section 1541.4, which relate to false or bogus checks; modifying definition; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     21 O.S. 2011, Section 1541.4, is amended to read as follows:
Section 1541.4.  A.  The term "false or bogus check or checks" shall include checks or orders, including those converted to electronic fund transfer, which are not honored on account of insufficient funds of the maker to pay same or because the check or order was drawn on a closed account or on a nonexistent account when such checks or orders are given :
1.  In exchange for money or property;
2.  In exchange for any benefit or thing of value; or
3.  As a down payment for the purchase of any item of which the purchaser is taking immediate possession, as against the maker or drawer thereof; or
4.  As payment made to a landlord under a lease or rental agreement.
B.  The making, drawing, uttering, or delivering of a check, draft, or order, payment of which is refused by the drawee, shall be prima facie evidence of intent to defraud and the knowledge of insufficient funds in, or credit with, such bank or other depository; provided, such maker or drawer shall not have paid the drawee thereof the amount due thereon, together with the protest fees, within five (5) days from the date the same is presented for payment; and provided, further, that said check or order is presented for payment within thirty (30) days after same is delivered and accepted.
C.  A check offered for the purchase of goods or livestock that is refused by a drawee shall not be considered to be an extension of credit by the seller of goods or livestock to the maker or drawer of the check.
SECTION 2.  This act shall become effective November 1, 2012.

53-2-1830	TEK	1/17/2012 9:58:24 AM