S.B. 403

VETOES

Section 4-905.1

Annotated Code of Maryland

(1993 Replacement Volume and 1994 Supplement)

BY repealing and reenacting, with amendments,
Article—Commercial Law
Section 3-512

Annotated Code of Maryland
(1993 Replacement Volume and 1994 Supplement)

BY repealing and reenacting, with amendments,
Article—Courts and Judicial Proceedings
Section 2-607(c)
Annotated Code of Maryland
(1989 Replacement Volume and 1994 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 27 - Crimes and Punishments

140.

(d) A drawer has "insufficient funds" with a drawee to cover a check when he has no
funds or account whatever, A CLOSED ACCOUNT, or funds in an amount less than that
needed to cover the check; and a check dishonored for "no account" shall also be deemed to
have been dishonored for "insufficient funds".

141.

A person is guilty of obtaining property or services by a bad check when:

(a) (1) As a drawer or representative drawer, he obtains property or services by
uttering a check OR CHECKS knowing that he or his principal, as the case may be, has
insufficient funds with the drawee to cover [it] THE CHECK OR CHECKS and other
outstanding checks;

(2)     He intends or believes at the time of utterance OF THE CHECK OR
CHECKS that payment will be refused by the drawee upon presentation; and

(3)     Payment OF THE CHECK OR CHECKS is refused by the drawee upon
presentation;

(B) AS A DRAWER OR REPRESENTATIVE DRAWER, HE OBTAINS PROPERTY
OR SERVICES BY UTTERING A CHECK OR CHECKS KNOWING THAT HE OR HIS
PRINCIPAL, AS THE CASE MAY BE, HAS CLOSED THE ACCOUNT ON WHICH THE
CHECK OR CHECKS ARE DRAWN PRIOR TO OR ON THE DAY THE CHECK OR CHECKS
ARE DRAWN AND PAYMENT IS REFUSED BY THE DRAWEE UPON PRESENTATION;

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