Bill Text: AZ SB1251 | 2011 | Fiftieth Legislature 1st Regular | Introduced
Bill Title: Bad checks; payment; time frame
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-01-27 - Referred to Senate JUD Committee [SB1251 Detail]
Download: Arizona-2011-SB1251-Introduced.html
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REFERENCE TITLE: bad checks; payment; time frame |
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State of Arizona Senate Fiftieth Legislature First Regular Session 2011
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SB 1251 |
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Introduced by Senator Barto
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AN ACT
amending section 13‑1807, Arizona Revised Statutes; relating to theft.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-1807, Arizona Revised Statutes, is amended to read:
13-1807. Issuing a bad check; violation; classification
A. A person commits issuing a bad check if the person issues or passes a check knowing that the person does not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check as well as all other checks outstanding at the time of issuance.
B. Any of the following is a defense to prosecution under this section:
1. The payee or holder knows or has been expressly notified before the drawing of the check or has reason to believe that the drawer did not have on deposit or to the drawer's credit with the drawee sufficient funds to ensure payment on its presentation.
2. The check is postdated and sufficient funds are on deposit with the drawee on such later date for the payment in full of the check.
3. Insufficiency of funds results from an adjustment to the person's account by the credit institution without notice to the person.
C. Nothing in this section prohibits prosecution for any other applicable criminal offense.
D. Except as provided in subsection E of this section, issuing a bad check is a class 1 misdemeanor.
E. Issuing a bad check in an amount of five thousand dollars or more is a class 6 felony if the person fails to pay the full amount of the check, including accrued interest at the rate of twelve per cent per year and any other applicable fees pursuant to this chapter, within sixty forty‑five days after receiving notice pursuant to section 13‑1808.
