1995 LAWS OF MARYLAND

142.

(c) (1) 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.

(2) LOSS TO A CORPORATION FROM A BAD CHECK OR CHECKS MAY
PROPERLY BE PROVEN BY INTRODUCTION IN EVIDENCE OF AN AFFIDAVIT OF LOSS
EXECUTED BY A CUSTODIAN OF RECORDS OF THE CORPORATION, AND THIS PROOF
SHALL CONSTITUTE PRESUMPTIVE EVIDENCE OF THE LOSS.

143.

(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 LESS THAN $500 BUT 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 MORE
THAN ONE BAD CHECK ISSUED, EACH OF WHICH IS ISSUED FOR LESS THAN $300. AND
WHICH ARE ISSUED TO THE SAME PERSON WITHIN A 30 DAY PERIOD, WHEN THE
PROPERTY OR SERVICES HAS A CUMULATIVE VALUE OF $300 OR GREATER IS
GUILTY OF A FELONY AND SHALL BE FINED NOT LESS THAN $500 BUT NOR 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.

(C) A PERSON CONVICTED OF OBTAINING PROPERTY OR SERVICES BY ONE
OR MORE BAD CHECKS DISHONORED FOR NO ACCOUNT OR CLOSED ACCOUNT IS
GUILTY OF A FELONY AND SHALL BE FINED NOT LESS THAN $500 BUT 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)](D) (C) A person convicted of obtaining property or services by bad check
when the property or services has a value of less than $300 is guilty of a misdemeanor and
shall be fined not more than $100, or be imprisoned for not more than 18 months, or be
both fined and imprisoned in the discretion of the court.

[(c)](E) (D) In addition to the penalties provided in this section for conviction
of the offense of obtaining property or services by [a bad check] ONE OR MORE BAD
CHECKS 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

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