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HARRY HUGHES, Governor
1509
Annotated Code of Maryland
(1976 Replacement Volume and 1980 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:
Article 27 - Crimes and Punishments
142.
(a) When the drawer of a check has insufficient funds
with the drawee to cover it and other outstanding checks at
the time of utterance, the subscribing drawer or
representative drawer, as the case may be, is presumed to
know of the insufficiency.
(b) A subscribing drawer or representative drawer, as
the case may be, of an ultimately dishonored check is
presumed to have intended or believed that the check would
be dishonored upon presentation when:
(1) The drawer had no account with the drawee at
the time of utterance; or
(2) (i) The drawer had insufficient funds with
the drawee at the time of utterance to cover it and other
outstanding checks; and
(ii) The check was presented to the drawee
for payment not more than 30 days after the date of
utterance; and
(iii) the drawer had insufficient funds
with the drawee at the time of presentation.
(c) —£ -Dishonor of a check by the drawee, THAT THE
DRAWER HAD NO ACCOUNT WITH THE DRAWEE AT THE TIME OF
UTTERANCE, and insufficiency of the drawer's funds at the
time of presentation AND UTTERANCE 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, LACK OF
ACCOUNT and insufficiency, and this proof shall constitute
presumptive evidence of the dishonor, LACK OF ACCOUNT 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 of 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.
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