2474

LAWS OF MARYLAND

Ch. 849

(C)    DISHONOR OF A CHECK BY THE DRAWEE AND
INSUFFICIENCY OF THE DRAWER'S FUNDS AT THE TIME OF
PRESENTATION MAY PROPERLY BE PROVED BY INTRODUCTION IN
EVIDENCE OF A NOTICE OF PROTEST OF THE CHECK, OR OF A
CERTIFICATE UNDER OATH OF AN AUTHORIZED REPRESENTATIVE OF
THE DRAWEE DECLARING THE DISHONOR AND INSUFFICIENCY, AND
SUCH PROOF THIS PROOF SHALL CONSTITUTE PRESUMPTIVE EVIDENCE
OF SUCH OF THE DISHONOR AND INSUFFICIENCY.

(D)    THE FACT THAT A DRAWER OR REPRESENTATIVE DRAWER,
WITHOUT THE CONSENT OF THE PAYEE, STOPPED OR COUNTERMANDED
THE PAYMENT OF THE CHECK, OR OTHERWISE CAUSED THE DRAWEE TO
DISREGARD OR DISHONOR OR REFUSE TO RECOGNIZE THE CHECK
WITHOUT RETURNING OR TENDERING THE RETURN THE PROPERTY
OBTAINED, CONSTITUTES PRESUMPTIVE EVIDENCE THAT THE DRAWER
OR REPRESENTATIVE DRAWER HAD THE INTENT TO STOP OR
COUNTERMAND PAYMENT OR OTHERWISE CAUSE THE DRAWEE TO
DISREGARD OR DISHONOR OR REFUSE TO RECOGNIZE THE CHECK AT
THE TIME OF UTTERING.

143. PENALTIES AND RESTITUTION.

{A) A PERSON CONVICTED OF OBTAINING PROPERTY OR
SERVICES BY A BAD CHECK WHEN THE PROPERTY OR SERVICES HAS A
VALUE OF $300 OR GREATER IS GUILTY OF A FELONY AND SHALL BE
FINED NOT MORE THAN $1,000, OR BE IMPRISONED FOR NOT MORE
THAN 15 YEARS, OR BE BOTH FINED AND IMPRISONED IN THE
DISCRETION OF THE COURT.

(B)    A PERSON CONVICTED OF OBTAINING PROPERTY OR
SERVICES BY BAD CHECK WHEN THE PROPERTY OR SERVICES HAS A
VALUE OF LESS THAN $300 $100 IS GUILTY OF A MISDEMEANOR AND
SHALL BE FINED NOT MORE THAN $300, OR BE IMPRISONED FOR NOT
MORE THAN 18 MONTHS, OR BE BOTH FINED AND IMPRISONED IN THE
DISCRETION OF THE COURT.

(C)    IN ADDITION TO THE PENALTIES PROVIDED IN THIS
SECTION FOR CONVICTION OF THE OFFENSE OF OBTAINING PROPERTY
OF SERVICES BY A BAD CHECK THE COURT MAY:

(1)    ORDER RESTORATION OF ANY PROPERTY WHICH HAS
BEEN THE OBJECT OF THE OFFENSE AND HAS BEEN RECOVERED FROM
THE DEFENDANT OR ANOTHER, OR WHICH IS IN THE DEFENDANT'S
POSSESSION OR CONTROL, TO ANY PERSON OR PERSONS HAVING A
PROPERTY INTEREST THEREIN; AND

(2)    ORDER RESTITUTION OF THE VALUE OF ANY
PROPERTY OR SERVICES WHICH HAS BEEN THE OBJECT OF THE
OFFENSE. THE RESTITUTION MAY BE ORDERED TO BE PAID TO ANY
PERSON HAVING A PROPERTY INTEREST IN THE PROPERTY OR THE
PERSON WHO PROVIDED THE SERVICES. RESTITUTION MAY BE
ORDERED TO THE EXTENT THAT THE PROPERTY IS NOT RESTORED OR
COMPENSATION HAS NOT BEEN PROVIDED FOR THE SERVICES.

144. OBTAINING PROPERTY OR SERVICES BY UTTERING OR PASSING A
BAD CHECK; LIMITATION ON PROSECUTION.