House of Representatives

HB 2344

bad checks; notice

Sponsors: Representative Voss

DPA	Committee on Commerce and Economic Development
DPA	Caucus and COW
X	Third Read
	As Passed the House

HB 2344 changes the requirements for sending bad check notification and specifies what is not a defense to prosecution.

Current Status

HB 2344 was amended in the Commerce and Economic Development Committee to reinstate registered mail as a sanctioned method of notification of a bad check and to strike the provision stating what is not a defense to prosecution. The CED amendment was adopted in Committee of the Whole.

History

Current law provides that notice of a bad check may be actual notice or notice in writing. Notice in writing must be sent by registered mail with return receipt requested. Statute also outlines which address of the issuer can be used to send notice to and a form for the notice.

HB 2344 provides additional options for notification and prescribes what is not a valid defense to prosecution.

Provisions

· Stipulates that the notice must be sent through certified mail with return receipt requested or by regular mail that is supported by an affidavit of service by mailing.

· Establishes that the failure of the issuer of the check to receive notice is not a defense to prosecution if the issuer had actual notice for thirty days that the check had been dishonored.

Amendments

HB 2344 was amended in the Commerce and Economic Development Committee and Committee of the Whole as follows:

· Reinstates registered mail as a sanctioned method of bad check notification.

· Strikes the provision stating that the failure of the issuer to receive notice is not a defense to prosecution.

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· 45th Legislature

· Second Regular Session 2 April 4, 2002

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