Session of 1998
By Committee on Judiciary
            9             AN ACT concerning crimes and punishment; relating to giving a worth-
10             less check; amending K.S.A. 1997 Supp. 21-3707 and repealing the
11             existing section.
13       Be it enacted by the Legislature of the State of Kansas:
14           Section 1. K.S.A. 1997 Supp. 21-3707 is hereby amended to read as
15       follows: 21-3707. (a) Giving a worthless check is the making, drawing,
16       issuing or delivering or causing or directing the making, drawing, issuing
17       or delivering of any check, order or draft on any bank, credit union,
18       savings and loan association or depository for the payment of money or
19       its equivalent with intent to defraud and knowing, at the time of the
20       making, drawing, issuing or delivering of such check, order or draft, that
21       the maker or drawer has no deposit in or credits with the drawee or has
22       not sufficient funds in, or credits with, the drawee for the payment of
23       such check, order or draft in full upon its presentation.
24           (b) In any prosecution against the maker or drawer of a check, order
25       or draft payment, of which has been refused by the drawee on account
26       of insufficient funds, the making, drawing, issuing or delivering of such
27       check shall be prima facie evidence of intent to defraud and of knowledge
28       of insufficient funds in, or on deposit with, the drawee: (1) Unless the
29       maker or drawer pays the holder thereof the amount due thereon and a
30       service charge not exceeding   $10 $40 for each check, within seven days
31       after notice has been given to the maker or drawer that such check, draft
32       or order has not been paid by the drawee. As used in this section, ``notice''
33       includes oral or written notice to the person entitled thereto. Written
34       notice shall be presumed to have been given when deposited as restricted
35       matter in the United States mail, addressed to the person to be given
36       notice at such person's address as it appears on such check, draft or order;
37       or (2) if a postdated date is placed on the check, order or draft without
38       the knowledge or consent of the payee.
39           (c) In addition to all other costs and fees allowed by law, each pros-
40       ecuting attorney who takes any action under the provisions of this section
41       may collect from the issuer in such action an administrative handling cost,
42       except in cases filed in a court of appropriate jurisdiction. The cost shall
43       not exceed   $10 $25 for each check. If the issuer of the check is convicted

SB 632


  1       in district court, the administrative handling costs may be assessed as part
  2       of the court costs in the matter. The moneys collected pursuant to this
  3       subsection shall be deposited into a trust fund which shall be administered
  4       by the board of county commissioners. The funds shall be expended only
  5       with the approval of the board of county commissioners, but may be used
  6       to help fund the normal operating expenses of the county or district at-
  7       torney's office.
  8           (d) It shall not be a defense to a prosecution under this section that
  9       the check, draft or order upon which such prosecution is based:
10           (1) Was postdated, unless such check, draft or order was presented
11       for payment prior to the postdated date; or
12           (2) was given to a payee who had knowledge or had been informed,
13       when the payee accepted such check, draft or order, that the maker did
14       not have sufficient funds in the hands of the drawee to pay such check,
15       draft or order upon presentation, unless such check, draft or order was
16       presented for payment prior to the date the maker informed the payee
17       there would be sufficient funds.
18           (e) (1) Giving a worthless check is a severity level 7, nonperson felony
19       if the check, draft or order is drawn for $25,000 or more.
20           (2) Giving a worthless check is a severity level 9, nonperson felony if
21       the check, draft or order is drawn for at least $500 but less than $25,000.
22           (3) Giving a worthless check is a class A nonperson misdemeanor if
23       the check, draft or order is drawn for less than $500.
24           (4) Giving a worthless check, draft or order drawn for less than $500
25       is a severity level 9, nonperson felony if committed by a person who has,
26       within five years immediately preceding commission of the crime, been
27       convicted of giving a worthless check two or more times.
28           Sec. 2. K.S.A. 1997 Supp. 21-3707 is hereby repealed.
29           Sec. 3. This act shall take effect and be in force from and after its
30       publication in the statute book.