Bill Text: VA SB1140 | 2011 | Regular Session | Introduced
Bill Title: Bad checks; person writing for child or spousal support is subject to criminal penalties.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2011-01-24 - Senate: Passed by indefinitely in Courts of Justice with letter (14-Y 0-N) [SB1140 Detail]
Download: Virginia-2011-SB1140-Introduced.html
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11101784D Be it enacted by the General Assembly of Virginia: 1. That §§ 18.2-181 and 18.2-182 of the Code of Virginia are amended and reenacted as follows: § 18.2-181. Issuing bad checks, etc., larceny. Any person who, with intent to defraud, shall make or draw or utter or deliver any check, draft, or order for the payment of money, upon any bank, banking institution, trust company, or other depository, knowing, at the time of such making, drawing, uttering or delivering, that the maker or drawer has not sufficient funds in, or credit with, such bank, banking institution, trust company, or other depository, for the payment of such check, draft or order, although no express representation is made in reference thereto, shall be guilty of larceny; and, if this check, draft, or order has a represented value of $200 or more, such person shall be guilty of a Class 6 felony. In cases in which such value is less than $200, the person shall be guilty of a Class 1 misdemeanor. The word "credit" as used herein, shall be construed to mean any arrangement or understanding with the bank, trust company, or other depository for the payment of such check, draft or order. Any person making, drawing, uttering or delivering any such check, draft or order for payment of child or spousal support owed or owing or in payment as a present consideration for goods or services for the purposes set out in this section shall be guilty as provided herein. § 18.2-182. Issuing bad checks on behalf of business firm or corporation in payment of wages or child support; penalty. Any person who shall make, draw, or utter, or deliver any check, draft, or order for the payment of money, upon any bank, banking institution, trust company or other depository on behalf of any business firm or corporation, for the purpose of paying wages to any employee of such firm or corporation, or for the purpose of paying for any labor performed by any person for such firm or corporation, or for the purpose of paying any child or spousal support obligation pursuant to any administrative or court income withholding order, knowing, at the time of such making, drawing, uttering or delivering, that the account upon which such check, draft or order is drawn has not sufficient funds, or credit with, such bank, banking institution, trust company or other depository, for the payment of such check, draft or order, although no express representation is made in reference thereto, shall be guilty of a Class 1 misdemeanor; except that if this check, draft, or order has a represented value of $200 or more, such person shall be guilty of a Class 6 felony. The word "credit," as used herein, shall be construed to mean any arrangement or understanding with the bank, banking institution, trust company, or other depository for the payment of such check, draft or order. In addition to the criminal penalty set forth herein, such person shall be personally liable in any civil action brought upon such check, draft or order. 2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 874 of the Acts of Assembly of 2010 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice. |
