Monday, January 21, 2008

Texas Bad Checks

ISSUANCE OF BAD CHECKS
SECTION 32.41 OF TEXAS PENAL CODE
Section 32.41. Issuance of Bad Check
(a) A person commits an offense if he issues .or passes a check or similar sight order for
the payment of money knowing that the issuer does not have sufficient funds in or on deposit
with the bank or other drawee for the payment in full of the check or order as well as all other
checks or orders outstanding at: the time of issuance.
(b) This section does not prevent the prosecution from establishing the required
knowledge by direct~ evidence; however, for purposes of this section, the issuer’s knowledge of
insufficient funds is presumed (except in the case of a postdated check or order) if: (1) He has no
account with the bank or other drawee at the time he issued the check or order; or (2) Payment
was refused by the bank or other drawee for lack of funds or insufficient funds on presentation
within 30 days after issue and the issuer failed to pay the holder in full within 10 days after
receiving notice of that refusal.
(c) Notice for purposes of Subsection (b) (2) of this section may be notice in writing, sent
by registered or certified mail with return receipt requested or by telegram with report: of
delivery requested, and addressed to the issuer at his address shown on:
(1) the check or order (2) the records of the bank or other drawee; or (3) the records of the person
to whom the check or order has been issued or passed.
(d) If notice is given in accordance with Subsection (c) or this section, it is presumed
that the notice was received no later than five days ater it was sent.
(e) A person charged with an offense under this section may make restitution for the
bad checks. Restitution may, with the approval of the court in which the offense is filed, be made
through the court.
(f) An offense under this section is a Class C misdemeanor.
(g) An offense under this section is not a lesser included offense of an offense under
Section 31.03 or 31.04 of this code. (Theft By Check)