SENATE BILL No. 155
By Committee on Judiciary
AN ACT concerning crimes and punishments; creating the crime of giving
a check drawn against a closed account; prescribing penalties therefor.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) Giving a check drawn against a closed account is the
making, drawing, issuing or delivering or causing or directing the making,
drawing, issuing or delivering of any check, order or draft on any bank,
savings and loan association, credit union or any such depository for the
payment of money or its equivalent with intent to defraud and knowing,
at the time of making, drawing, issuing or delivering of such check, order
or draft that the maker or drawer has not an active account with the
drawee as that specified upon the instrument and that check, order or
draft will not be paid in full upon its presentation.
(b) In any prosecution against a maker or drawer of a check written
upon a closed account, whether the account has been closed by the maker
or drawer or the drawee, if the drawee has closed the account in accor-
dance with established and accepted banking guidelines and principles,
the act of making, drawing, issuing or delivering of such check shall con-
stitute prima facie evidence of intent to defraud and theft by conversion.
(c) It shall be a defense to a prosecution under this section that the
check, draft or order upon which such prosecution is based:
(1) Was drawn within 30 days of closing of the account by the drawee
in which case it shall be prosecuted as a violation of K.S.A. 21-3707 and
amendments thereto; or
(2) was drawn after the account being closed by the drawee but be-
fore written notice to the drawer had been given by the drawee in which
case it shall be prosecuted as a violation of K.S.A. 21-3707 and amend-
ments thereto. Written notice shall be presumed to have been given when
10 days have passed from the time in which notification of account closure
by the drawee has been deposited as restricted matter in the United States
mail, addressed to the person to be given such notice at such person's
address as it appears on such check, draft or order; or
(3) was given to a payee who had knowledge or had been informed
in writing when the payee accepted such check, draft or order, that the
maker was making, drawing, issuing or delivering such instrument which
had been drawn against a closed account and would not be honored by
the drawee upon presentation.
(d) (1) Giving a check drawn upon a closed account is a severity level
7, nonperson felony if the check, draft or order is drawn for $300 or more.
(2) Giving a check drawn against a closed account is a severity level
9, nonperson felony if the check, draft or order is drawn for less than
Sec. 2. This act shall take effect and be in force from and after its
publication in the statute book.