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S1343aa..............................................by JUDICIARY AND RULES
CHECKS - INSUFFICIENT FUNDS - Amends existing law to increase the threshold
amount to $250 before felony penalties attach for drawing checks with
insufficient funds.
01/27 Senate intro - 1st rdg - to printing
01/28 Rpt prt - to Jud
02/12 Rpt out - to 14th Ord
02/13 Rpt out amen - to engros
02/16 Rpt engros - 1st rdg - to 2nd rdg as amen
02/17 2nd rdg - to 3rd rdg as amen
02/20 3rd rdg as amen - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
Sweeney, Thorne, Wheeler, Whitworth
NAYS--None
Absent and excused--Twiggs
Floor Sponsor - Boatright
Title apvd - to House
02/23 House intro - 1st rdg as amen - to Jud
03/12 Rpt out - rec d/p - to 2nd rdg as amen
03/13 2nd rdg - to 3rd rdg as amen
03/16 3rd rdg as amen - PASSED - 61-6-3
AYES -- Alltus, Barraclough, Barrett, Bieter, Bivens, Black(15),
Black(23), Boe, Bruneel, Campbell, Chase, Clark, Crane, Crow, Cuddy,
Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hansen, Henbest, Hornbeck, Jaquet, Jones(22), Jones(20),
Judd, Kempton, Kendell, Kjellander, Kunz, Lake, Linford, Loertscher,
Mader, Marley, McKague, Meyer, Miller, Mortensen, Pischner, Pomeroy,
Reynolds, Robison, Sali, Schaefer, Stoicheff, Stone, Taylor, Tilman,
Tippets, Trail, Watson, Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- Bell, Callister, Kellogg, Richman, Ridinger, Stevenson
Absent and excused -- Jones(9), Newcomb, Stubbs
Floor Sponsor - Boe
Title apvd - to Senate
03/16 To enrol
03/18 Rpt enrol - Pres signed
03/19 Sp signed - to Governor
03/24 Governor signed
Session Law Chapter 324
Effective: 07/01/98
S1343|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1343, As Amended BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO DRAWING CHECKS WITH INSUFFICIENT FUNDS; AMENDING SECTION 18-3106, 3 IDAHO CODE, TO INCREASE THE DOLLAR AMOUNT BEFORE FELONY PENALTIES ATTACH 4 AND TO MAKE TECHNICAL CORRECTIONS; AND PROVIDING FOR APPLICATION OF THE 5 ACT TO OFFENSES COMMITTED ON AND AFTER JULY 1, 1998. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 18-3106, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 18-3106. DRAWING CHECK WITHOUT FUNDS -- DRAWING CHECK WITH INSUFFICIENT 10 FUNDS -- PRIMA FACIE EVIDENCE OF INTENT -- STANDING OF PERSON HAVING ACQUIRED 11 RIGHTS -- PROBATION CONDITIONS. (a) Any person who for himself or as the agent 12 or representative of another or as an officer of a corporation,wilfully13willfully , with intent to defraud shall make or draw or 14 utter or deliver, or cause to be made, drawn, uttered or delivered, any check, 15 draft or order for the payment of money upon any bank or depositary, or per- 16 son, or firm, or corporation, knowing at the time of such making, drawing, 17 uttering or delivery that the maker or drawer has no funds in or credit with 18 such bank or depositary, or person, or firm, or corporation, for the payment 19 in full of such check, draft or order upon its presentation, although no 20 express representation is made with reference thereto, shall upon conviction 21 be punished by imprisonment in the state prison for a term not to exceed three 22 (3) years or by a fine not to exceed fifty thousand dollars ($50,000) or by 23 both such fine and imprisonment. 24 (b) Any person who for himself or as the agent or representative of 25 another or as an officer of a corporation,wilfullywill- 26 fully , with intent to defraud shall make, draw, utter or deliver, or 27 cause to be made, drawn, uttered or delivered, any check, draft or order for 28 the payment of money in the sum of two hundred fifty dollars 29 ($ 2 50.00) or more, or any series of transactions as 30 defined in subsection (f) of this section, upon any bank or depositary, or 31 person, or firm, or corporation, knowing at the time of such making, drawing, 32 uttering or delivery that the maker or drawer has some but not sufficient 33 funds in or credit with such bank or depositary, or person, or firm, or corpo- 34 ration, for the full payment of such check, draft or order or series of trans- 35 actions upon presentation, although no express representation is made with 36 reference thereto, shall upon conviction be punished by imprisonment in the 37 state prison for a term not to exceed three (3) years, or by a fine not to 38 exceed fifty thousand dollars ($50,000), or by both such fine and imprison- 39 ment. 40 (c) Any person who for himself or as the agent or representative of 41 another or as an officer of a corporation,wilfullywill- 42 fully , with intent to defraud, shall make, draw, utter or deliver, or 43 cause to be made, drawn, uttered, or delivered, any check, draft or order for 2 1 payment of money, in a sum less than two hundred fifty dollars 2 ($ 2 50.00), which is not part of a series of transac- 3 tions as defined in subsection (f) of this section, upon any bank or deposi- 4 tary, or person, or firm, or corporation, knowing at the time of such making, 5 drawing, uttering or delivery that the maker or drawer has some but not suffi- 6 cient funds in or credit with such bank or depositary, or firm, or person, or 7 corporation, for the full payment of such check, draft or order upon its pre- 8 sentation, although no express representation is made with reference thereto, 9 shall upon conviction for a first offense be punished by imprisonment in the 10 county jail for a term not exceeding six (6) months, or by a fine not exceed- 11 ing one thousand dollars ($1,000) or by both such fine and imprisonment; and 12 upon a second conviction the person so convicted shall be punished by impris- 13 onment in the county jail for a term not exceeding one (1) year, or by a fine 14 not exceeding two thousand dollars ($2,000), or by both such fine and impris- 15 onment; provided, however, that upon a third or subsequent conviction, the 16 person so convicted shall be punished by imprisonment in the state prison for 17 a term not exceeding three (3) years, or by a fine not exceeding fifty thou- 18 sand dollars ($50,000), or by both such fine and imprisonment. 19 (d) As against the maker or drawer thereof, the making, drawing, uttering 20 or delivering of such check, draft or order as aforesaid shall be prima facie 21 evidence of intent to defraud and of knowledge of no funds or insufficient 22 funds, as the case may be, in or credit with such bank, or depositary, or per- 23 son, or firm, or corporation, for the payment in full of such check, draft or 24 order upon its presentation. This prima facie intent to defraud and knowledge 25 of no funds or insufficient funds, as the case may be, shall not be negated by 26 evidence that the check draft or order was for payment of a preexisting debt, 27 including open accounts. The word "credit" as used herein shall be construed 28 to mean an arrangement or understanding with the bank or depositary, or per- 29 son, or firm, or corporation upon whom such check, draft or order is drawn for 30 the payment of such check, draft or order. 31 (e) Any person having acquired rights with respect to a check which is 32 not paid because the drawer has no funds, no account or insufficient funds, 33 shall have standing to file a complaint under this section, regardless of 34 whether he is the payee, holder or bearer of the check. 35 (f) For purposes of this section a "series of transactions" means a 36 series of checks, drafts or orders for the payment of money which are less 37 than two hundred fifty dollars ($ 2 50.00) individu- 38 ally but in the aggregate totalonetwo hundred 39 fifty dollars ($12 50) or more, and which are made, 40 uttered, drawn or delivered in violation of this section as part of a common 41 scheme or plan. 42 (g) If a sentence of probation is ordered for violation of this section, 43 the court as a condition of probation may require the defendant to make resti- 44 tution on all checks issued and which are unpaid at the date of commencement 45 of the probation in addition to any other terms and conditions appropriate for 46 the treatment and rehabilitation of the defendant. 47 SECTION 2. The provisions of this act shall apply to violations of sec- 48 tion 18-3016, Idaho Code, committed on and after July 1, 1998.
STATEMENT OF PURPOSE
RS 07598 C1
The purpose of this bill is to amend Idaho Code Section 18-3106, Drawing check
without funds -- drawing check with insufficient funds. Currently, the dollar amount threshold for
a felony charge of drawing a check without funds or insufficient funds is fifty dollars ($50). The
amendment would raise the threshold to two hundred-fifyv dollars ($250). This includes a series
of checks, which are less than one hundred dollars ($100) individually, but in the aggregate total
two hundred-fifty dollars ($250) or more. The bill would also make technical corrections. A
reduction of inmates incarcerated in the state prison system should result from this bill.
FISCAL IMPACT
The savings to the state will be approximately $17,000 for every year the
defendant is not incarcerated in the state prison system.
CONTACT: Dean A. Heyl, Special Assistant
Office of Governor Batt
208-334-2100
Statement of Purpose,'Fiscal Impact
S 1343